Opinion
March 29, 2000.
Appeal from Judgment of Supreme Court, Onondaga County, Brunetti, J. — Habeas Corpus.
PRESENT: GREEN, J. P., PINE, SCUDDER AND LAWTON, JJ.
Appeal unanimously dismissed without costs. Memorandum: On appeal from a judgment dismissing his petition for a writ of habeas corpus, relator contends that the dismissal was improper. We do not reach that contention because the petition challenged the legality of his pretrial detention and he was subsequently tried, convicted and sentenced on the charges ( People v. Wilson, 267 A.D.2d 1061 [decided Dec. 30, 1999]). "The legality of [the] pretrial detention is moot once the case is tried" ( People ex rel. Greenstein v. Sheriff of Schenectady County, 220 A.D.2d 190, 194; see, People ex rel. Chakwin v. Warden, N. Y. City Correctional Facility, 63 N.Y.2d 120, 125; People ex rel. Jackson v. Gastin, 222 A.D.2d 312).