Opinion
435 100194/15.
03-08-2016
The PEOPLE of the State of New York ex rel. DeVar HURD, Petitioner–Appellant, v. WARDEN, etc., Respondent–Respondent.
DeVar Hurd, appellant pro se. Cyrus R. Vance, Jr., District Attorney, New York (Grace Vee of counsel), for respondent.
DeVar Hurd, appellant pro se.
Cyrus R. Vance, Jr., District Attorney, New York (Grace Vee of counsel), for respondent.
Opinion
Appeal from judgment (denominated an order), Supreme Court, New York County (Larry R.C. Stephen, J.), entered April 15, 2015, 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 from the denial of the petition 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, 431 N.Y.S.2d 400, 409 N.E.2d 876 1980 ).
FRIEDMAN, J.P., ACOSTA, RENWICK, RICHTER, JJ., concur.