Opinion
No. 4359.
October 23, 2008.
Order, Supreme Court, Bronx County (Caesar Cirigliano, J.), entered December 18, 2006, which dismissed petitioner's application for a writ of habeas corpus, unanimously affirmed, without costs.
Before: Lippman, P.J., Andrias, Saxe, Sweeny and DeGrasse, JJ.
Petitioner concedes he was convicted of crimes on the basis of conduct that gave rise to new charge No. 8, for which he was not afforded a preliminary hearing. Since that basis for revocation superseded the issues raised at the revocation hearing, his current procedural challenge is moot ( People ex rel. Johnson v Russi, 258 AD2d 346, appeal dismissed and Iv denied 93 NY2d 945; Matter of Bennett v Kelly, 251 AD2d 776, lv denied 92 NY2d 811), and this proceeding was properly dismissed.