Opinion
June 9, 1980
In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Dutchess County, dated September 12, 1978, which, inter alia, dismissed the petition. Appeal dismissed as moot, without costs or disbursements. In this habeas corpus proceeding, petitioner seeks to have bail set pending determination of his appeal from a conviction for robbery, or in the alternative, if bail is denied, that he be given the reason for such denial. However, since petitioner's conviction has been affirmed by the Appellate Division, First Department ( 70 A.D.2d 1061), and leave to appeal to the Court of Appeals has been denied ( 48 N.Y.2d 715), the issues presented by the instant appeal have become moot (cf. People ex rel. Cherry v. Smith, 52 A.D.2d 1086; People ex rel. Sostre v. Tutuska, 31 A.D.2d 737). Hopkins, J.P., Damiani, Titone and Lazer, JJ., concur.