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People ex Rel. Hatcher v. McKendrick

Appellate Division of the Supreme Court of New York, Third Department
Oct 20, 1969
33 A.D.2d 586 (N.Y. App. Div. 1969)

Opinion

October 20, 1969


Appeal from a judgment of the County Court, Ulster County, dismissing a writ of habeas corpus after a hearing. Pending this appeal the Second Department vacated appellant's conviction and ordered a new trial ( People v. Bell, 32 A.D.2d 781). Appellant is thus no longer confined pursuant to the sentence resulting from this conviction and, accordingly, this appeal is academic and should be dismissed (e.g., People ex rel. Diaz v. McMann, 26 A.D.2d 843; People ex rel. Taylor v. McMann, 24 A.D.2d 1080, mot. for lv. to app. den. 17 N.Y.2d 421). Appeal dismissed, without costs. Herlihy, P.J., Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur in memorandum by Reynolds, J.


Summaries of

People ex Rel. Hatcher v. McKendrick

Appellate Division of the Supreme Court of New York, Third Department
Oct 20, 1969
33 A.D.2d 586 (N.Y. App. Div. 1969)
Case details for

People ex Rel. Hatcher v. McKendrick

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. JOHN S. HATCHER, Appellant, v…

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

Date published: Oct 20, 1969

Citations

33 A.D.2d 586 (N.Y. App. Div. 1969)