Opinion
01-19-2016
In re The PEOPLE of the State of New York ex rel. Devar HURD, Petitioner–Appellant, v. WARDEN, G.R.V.C., RIKER'S ISLAND, Respondent–Respondent.
Devar Hurd, appellant pro se. Cyrus R. Vance, Jr., District Attorney, New York (Richard Nahas of counsel), for respondent.
Devar Hurd, appellant pro se.
Cyrus R. Vance, Jr., District Attorney, New York (Richard Nahas of counsel), for respondent.
Appeal from judgment (denominated an order), Supreme Court, New York County (Anthony J. Ferrara, J.), entered on or about August 7, 2014, 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 pretrial detention is moot, since he is currently incarcerated as the result of his conviction and sentencing (see People ex rel. Macgiollabhui v. Schriro, 123 A.D.3d 633, 997 N.Y.S.2d 624 [1st Dept.2014] ), and no exception to the mootness doctrine applies (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] ).
MAZZARELLI, J.P., ACOSTA, ANDRIAS, MOSKOWITZ, JJ., concur.