Opinion
04-28-2016
The PEOPLE of the State of New York ex rel. Rocco CUCCIO, Appellant, v. Stephen RACETTE, as Superintendent of Clinton Correctional Facility, Respondent.
Ellen O'Hara Woods, Blauvelt, for appellant. Eric T. Schneiderman, Attorney General, Albany (Frank Brady of counsel), for respondent.
Ellen O'Hara Woods, Blauvelt, for appellant.
Eric T. Schneiderman, Attorney General, Albany (Frank Brady of counsel), for respondent.
Before: McCARTHY, J.P., EGAN JR., ROSE, DEVINE and CLARK, JJ.
CLARK, J.
Appeal from a judgment of the Supreme Court (Feldstein, J.), entered August 22, 2014 in Clinton County, which dismissed petitioner's application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.
In October 2001, petitioner was sentenced to 15 years in prison upon his conviction of manslaughter in the first degree. The sentence did not include the required period of postrelease supervision and, as a result, petitioner was resentenced pursuant to Penal Law § 70.85 to the originally imposed determinate sentence without any period of postrelease supervision. Petitioner's conditional release date was March 4, 2014. He, however, declined conditional release because he would be subject to certain conditions imposed by the Board of Parole until he reached the maximum expiration date of his sentence. Instead, he brought this application pursuant to CPLR article 70 for a writ of habeas corpus. Following joinder of issue, Supreme Court dismissed the application without a hearing and this appeal ensued.
Respondent has advised this Court that petitioner was conditionally released from custody in November 2014. In view of this, habeas corpus relief is no longer available and the appeal must be dismissed as moot (see People ex rel. Barnes v. Williams, 52 A.D.3d 1228, 1228, 858 N.Y.S.2d 622 [2008] ; People ex rel. Graham v. New York State Dept. of Corrections, 280 A.D.2d 768, 768, 719 N.Y.S.2d 908 [2001] ).ORDERED that the appeal is dismissed, as moot, without costs.
McCARTHY, J.P., EGAN JR., ROSE and DEVINE, JJ., concur.