People ex Rel. Cook v. Smith

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

Court: Court of Appeals of the State of New York

Date published: Jan 13, 1977

360 N.E.2d 1075 (N.Y. 1977)

392 N.Y.S.2d 392

40 N.Y.2d 1088

Opinion

Submitted December 27, 1976

Decided January 13, 1977

Motion to dismiss the appeal herein granted and the appeal dismissed, without costs, upon the ground that relator has been released on parole and, therefore, his liberty is no longer restrained 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).