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People ex rel. Dutcher v. New York State Board of Parole

48 N.Y.2d 799 Court N.Y. Decision date 1979-11-15 English

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p. 799
The People of the State of New York ex rel. William Dutcher, Appellant, v New York State Board of Parole et al., Respondents.
Submitted October 22, 1979;
decided November 15, 1979

Motion for leave to appeal dismissed upon the ground that no appeal lies from the Appellate Division order. Because relator is no longer imprisoned on the charge underlying the contested parole revocation hearing, his liberty is not re

p. 800
strained on that charge to such a degree as to entitle him to the extraordinary relief of habeas corpus (see People ex rel. Wilder v Markley, 26 NY2d 648 ).