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

58 N.Y.2d 729 Court N.Y. Decision date 1982-12-08 English

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p. 729
The People of the State of New York ex rel. Michael Barrett, Appellant, v New York State Board of Parole et al., Respondents.
Submitted November 15, 1982;
decided December 8, 1982

Motion, treated as one for reargument, granted; upon reargument, determination of this court dated October 12, 1982 vacated, and motion for leave to appeal dismissed, without costs, upon the ground that relator, having escaped from custody, is no longer restrained of his liberty to such a degree as to entitle him to the extraordinary writ of habeas corpus (People ex rel. Wilder v Markley, 26 NY2d 648 ). [See 57 NY2d 608 , 860.]