Opinion
December 19, 1995
Appeal from the Supreme Court, New York County (Brenda Soloff, J.).
Relator raised claims of excessive bail and sought pretrial release (CPL 30.30 [a]) in his petition for habeas corpus, which was denied on the ground that relator had not been detained for the requisite 90 days while awaiting trial, and was dismissed on the merits. As those claims were raised in the context of unlawful detention before trial, they are now moot in light of relator's subsequent conviction and incarceration after trial ( People ex rel. Chakwin v Warden, 63 N.Y.2d 120; Matter of Kassebaum v al-Rahman, 212 A.D.2d 482). The remaining claims that were raised in the petition are not cognizable by way of habeas corpus, although they may be reviewable by this Court on direct appeal from the judgment of conviction ( People ex rel. Chakwin v Warden, supra, at 124-125, citing People ex rel. McDonald v Warden, 34 N.Y.2d 554).
Concur — Sullivan, J.P., Ellerin, Wallach and Rubin, JJ.