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People v. Williams

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 26, 2010
71 A.D.3d 1599 (N.Y. App. Div. 2010)

Opinion

No. KAH 09-00943.

March 26, 2010.

Appeal from a judgment of the Supreme Court, Seneca County (Dennis F. Bender, A.J.), dated February 2, 2009 in a habeas corpus proceeding. The judgment granted the petition and directed release of petitioner to parole supervision.

ANDREW M. CUOMO, ATTORNEY GENERAL, ALBANY (RAJIT S. DOSANJH OF COUNSEL), FOR RESPONDENT-APPELLANT.

Present: Hurlbutt, J.P., Martoche, Smith, Carni and Pine, JJ.


It is hereby ordered that said appeal is dismissed without costs.

Memorandum: Respondent appeals from a judgment granting the petition seeking a writ of habeas corpus and directing petitioner's release to parole supervision. During the pendency of this appeal, however, petitioner's parole was violated and petitioner is Presently incarcerated. This appeal therefore has been rendered moot ( see People ex rel. Maldonado v Williams, 67 AD3d 1328), and the exception to the mootness doctrine does not apply ( cf. Lindsay v New York State Bd. of Parole, 48 NY2d 883; People ex rel. Frisbie v Hammock, 112 AD2d 721).

All concur except Hurlbutt, J.P., who is not participating.


Summaries of

People v. Williams

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 26, 2010
71 A.D.3d 1599 (N.Y. App. Div. 2010)
Case details for

People v. Williams

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. DERRICK McPHERSON, Respondent…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 26, 2010

Citations

71 A.D.3d 1599 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 2636
896 N.Y.S.2d 921