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People ex rel. Holmes v. Smith

44 N.Y. 807 Court N.Y. Decision date 1978-05-02 English

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p. 807
The People of the State of New York ex rel. Buddy Holmes, Appellant, v Harold J. Smith, as Superintendent of Attica Correctional Facility, Respondent.
Submitted April 10, 1978;
decided May 2, 1978

Motion for leave to appeal dismissed upon the ground that the relator has been released from imprisonment on a conditional release and therefore his liberty is no longer restrained to such a degree as to entitle him to the extraordinary relief of habeas corpus (People ex rel. Wilder v Markley, 26 NY2d 648 ).