Opinion
12-30-2014
The PEOPLE of the State of New York ex rel. Niall MACGIOLLABHUI, Esq., on behalf of Michael CLARE, Petitioner–Appellant, v. Dora B. SCHRIRO, Commissioner, New York City Department of Corrections, Respondent–Respondent.
Law Office of Michael G. Dowd, New York (Niall Macgiollabhui of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Janet L. Zaleon of counsel), and Robert T. Johnson, District Attorney, Bronx (Marc I. Eida of counsel), for respondent.
Law Office of Michael G. Dowd, New York (Niall Macgiollabhui of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Janet L. Zaleon of counsel), and Robert T. Johnson, District Attorney, Bronx (Marc I. Eida of counsel), for respondent.
Opinion Appeal from judgment (denominated an order), Supreme Court, Bronx County (Megan Tallmer, J.), entered May 8, 2013, 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, since petitioner is currently incarcerated pursuant to a judgment of conviction and sentence rendered upon his plea of guilty (see People ex rel. Megaro [Santiago] v. Walsh, 15 A.D.3d 238, 788 N.Y.S.2d 852 [1st Dept.2005] ). Further, petitioner has failed to demonstrate the applicability of an exception to the mootness doctrine (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] ; see also Megaro, 15 A.D.3d 238, 788 N.Y.S.2d 852 ).ACOSTA, J.P., MOSKOWITZ, RICHTER, FEINMAN, CLARK, JJ., concur.