People ex rel. Booth ex rel. Blackwood v. Warden, Otis Bantum Correctional Center

Majority

p. 711

The People of the State of New York ex rel. Christopher Booth, on Behalf of Dwayne Blackwood, Petitioner, v Warden, Otis Bantum Correctional Center, Respondent.

[66 NYS3d 647]

Writ of habeas corpus in the nature of an application pursuant to CPL 170.70 to release the defendant in a criminal action entitled People v Blackwood, pending in the Supreme Court, Kings County, under indictment No. 8422/17, and application by the petitioner for leave to prosecute the proceeding as a poor person.

Ordered that the application for leave to prosecute the proceeding as a poor person is granted to the extent that the filing fee imposed by CPLR 8022 (b) is waived, and the application is otherwise denied as academic; and it is further,

Adjudged that the writ is dismissed as academic, without costs or disbursements.

The issues raised on this writ of habeas corpus are academic, as the detainee has been indicted (see People ex rel. Vancour v Scoralick, 140 AD2d 658 [1988]). Under the circumstances of this case, review of the issues raised is not warranted under any exception to the mootness doctrine (see e.g. Matter of Hearst

p. 712

Corp. v Clyne, 50 NY2d 707 , 714-715 [1980]; People ex rel. Kneitel v Warden, Rikers Is. Corr. Facility, 120 AD3d 1274 [2014]; People ex rel. Crow v Warden, Anna M. Kross Detention Ctr., 76 AD3d 646 [2010]). Accordingly, we dismiss the writ as academic.

Dillon, J.P., Leventhal, LaSalle and Brathwaite Nelson, JJ., concur.

Cases cited

People ex rel. Vancour v. Scoralick 140 AD2d 658 N.Y. App. Div. 1988-05-23 p. 711
Hearst Corp. v. Clyne 50 NY2d 707 N.Y. 1980-07-03 at 714-715 p. 712