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People ex rel. Davis v. Smith

51 N.Y.2d 739 Court N.Y. Decision date 1980-09-02 English

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p. 739
The People of the State of New York ex rel. Howard Davis, Appellant, v Harold J. Smith, as Superintendent of Attica Correctional Facility, Respondent.
Submitted June 30, 1980;
decided September 2, 1980

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