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People ex rel. Strutin v. Phillips

76 N.Y.2d 876 Court N.Y. Decision date 1990-09-18 English

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p. 876
The People of the State of New York ex rel. Kennard R. Strutin, on Behalf of Frank Polk, Appellant, v Roger Phillips, as Sheriff of Orange County, Respondent.
Submitted July 2, 1990;
decided September 18, 1990

Motion for leave to appeal dismissed upon the ground that relator has been released from custody and, therefore, his liberty is no longer restrained to such a degree as to entitle him to the extraordinary writ of habeas corpus (see, People ex rel. Wilder v Markley, 26 NY2d 648 ; People ex rel. Dennard v Meloni, 74 NY2d 916 .)