Opinion
02-07-2017
In re the PEOPLE of the State of New York, ex rel. Carl FRASER, Petitioner–Appellant, v. WARDEN, G.M.D.C., New York City Department of Corrections, Respondent–Respondent.
Carl Fraser, appellant pro se. Cyrus R. Vance, Jr., District Attorney, New York (Grace Vee of counsel), for respondent.
Carl Fraser, appellant pro se.
Cyrus R. Vance, Jr., District Attorney, New York (Grace Vee of counsel), for respondent.
Appeal from judgment (denominated an order), Supreme Court, New York County (Larry R.C. Stephen, J.), entered April 24, 2012, 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 following his conviction and sentencing (see People ex rel. Mason v. Warden, 138 A.D.3d 501, 28 N.Y.S.3d 308 [1st Dept.2016] ). 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] ).
TOM, J.P., RENWICK, SAXE, FEINMAN, GESMER, JJ., concur.