Majority
p. 625The People of the State of New York ex rel. Arthur Adams, Appellant, v Raul Russi, Respondent. [644 NYS2d 637]
As the petitioner has now been released from custody, he is not entitled to a writ of habeas corpus, and his appeal must be dismissed (see, People ex rel. DeFlumer v Strack, 85 NY2d 966 ; People ex rel. Dennard v Meloni, 74 NY2d 916 ; People ex rel. Burton v Russi, 199 AD2d 560 ). In any event, we note that the petitioner’s contentions on appeal are without merit. Rosenblatt, J. P., Sullivan, Copertino and Santucci, JJ., concur.