Majority
p. 992The People of the State of New York ex rel. Tommie Lee Wilson, Appellant, v James De Stafano, as Commissioner of the Jamesville Penitentiary, Respondent.
Appeal unanimously dismissed. Memorandum: This is an appeal from a judgment of Supreme Court, Onondaga County, dismissing, following a hearing, appellant’s writ of habeas corpus. Appellant was released from custody on January 8, 1975, on postconviction resentencing, to time served. Accordingly, the appeal should be dismissed as moot (CPLR 7002, subd. [a]; People ex rel Wilder v Markley, 26 NY2d 648 ; People ex rel Butts v McMann, 24 NY2d 772 ). (Appeal from judgment of Supreme Court dismissing writ of habeas corpus.) Present — Marsh, P. J., Simons, Mahoney, Goldman and Witmer, JJ.
Cases cited
- People v. Solomon 24 NY2d 772 p. 992