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People ex rel. Doty v. Krueger

26 N.Y.2d 881 Court N.Y. Decision date 1970-03-05 English

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p. 881
The People of the State of New York ex rel. Roy Doty, Appellant, v. Arthur E. Krueger, as Warden of the Nassau County Jail, Respondent.
Argued March 3, 1970;
decided March 5, 1970.
p. 882
Matthew Muraskin, James J. McDonough and Joel J. Ziegler for appellant.
William Cahn, District Attorney (Henry P. DeVine of counsel), for respondent.

Appeal dismissed, without costs, upon the ground that relator has been released on probation and therefore he is no longer restrained of his liberty to such a degree as to entitle him to the extraordinary writ of habeas corpus (see People ex rel. Wilder v. Markley, 26 N Y 2d 648 ; People ex rel. Hunt v. Allen, 26 N Y 2d 832 ).