People ex Rel. Barrett v. New York State Bd. of Parole

Full title: THE PEOPLE OF THE STATE OF NEW YORK ex rel. MICHAEL BARRETT, Appellant, v…

Court: Court of Appeals of the State of New York

Date published: Dec 8, 1982

444 N.E.2d 1010 (N.Y. 1982)

458 N.Y.S.2d 546

58 N.Y.2d 729

Opinion

Submitted November 15, 1982

Decided December 8, 1982

Motion, treated as one for reargument, granted; upon reargument, determination of this court dated October 12, 1982 vacated, and motion for leave to appeal dismissed, without costs, upon the ground that relator, having escaped from custody, is no longer restrained of his liberty to such a degree as to entitle him to the extraordinary writ of habeas corpus ( People ex rel. Wilder v Markley, 26 N.Y.2d 648).