Opinion
January 6, 1971
Appeal from a judgment of the Supreme Court at Special Term, entered August 31, 1970 in Sullivan County, which dismissed a writ of habeas corpus after a hearing, dismissed, without costs, on the ground that appellant has been acquitted, and, therefore, is no longer restrained so as to be entitled to the relief demanded. ( People ex rel. Wilder v. Markley, 26 N.Y.2d 648.) Herlihy, P.J., Reynolds, Staley, Jr., Cooke and Sweeney, JJ., concur.