Opinion
04-12-2016
The PEOPLE of the State of New York ex rel. Johnny MASON, Petitioner–Appellant, v. WARDEN, Respondent–Respondent.
Cyrus R. Vance, Jr., District Attorney, New York (Grace Vee of counsel), for respondent.
Cyrus R. Vance, Jr., District Attorney, New York (Grace Vee of counsel), for respondent.
Opinion
Appeal from judgment (denominated an order), Supreme Court, New York County (Larry R.C. Stephen, J.), entered June 17, 2015, denying the petition for a writ of habeas corpus and dismissing the proceeding brought pursuant to CPLR article 70, unanimously dismissed, without costs, as moot.
This appeal challenging the legality of petitioner's preconviction detention is moot because he is currently incarcerated following his conviction and sentencing (see e.g. People ex rel. Macgiollabhui v. Schriro, 123 A.D.3d 633, 997 N.Y.S.2d 624 [1st Dept.2014] ), and no exception to the mootness doctrine applies (see Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714–715, 431 N.Y.S.2d 400, 409 N.E.2d 876 [1980] ).
TOM, J.P., ANDRIAS, MANZANET–DANIELS, KAPNICK, GESMER, JJ., concur.