People ex rel. Dunne v. Cleary

38 N.Y.2d 850 Court N.Y. Decision date 1976-01-15 English

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p. 850

The People of the State of New York ex rel. Kevin Dunne, Appellant, v James F. Cleary, Warden, Suffolk County Jail, Respondent.

Submitted November 17, 1975;

decided January 15, 1976

Motion for leave to appeal, etc., dismissed upon the ground that relator, having been released on parole, is not sufficiently restrained of his liberty so as to entitle him to the extraordinary writ of habeas corpus (CPLR 7002, subd [a]; People ex rel. Wilder v Markley, 26 NY2d 648 ).