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People ex rel. Johnson v. Montanye

34 N.Y.2d 994 Court N.Y. Decision date 1974-09-18 English

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p. 994
The People of the State of New York ex rel. Robert Johnson, Appellant, v. Ernest L. Montanye, as Superintendent of Attica Correctional Facility, Respondent.
Submitted September 3, 1974;
decided September 18, 1974.

Headnote

Reported below, 42 A D 2d 1041 .

Motion to dismiss appeal granted and appeal dismissed, without costs, upon the ground that relator has been released from prison and, therefore, his liberty is not restrained to such a degree as to entitle, him to the extraordinary writ of habeas corpus (People ex rel. Wilder v. Markley, 26 N Y 2d 648 ).

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