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People ex rel. Foote v. Stancari

79 N.Y.2d 972 Court N.Y. Decision date 1992-04-02 English

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p. 972
The People of the State of New York ex rel. John Foote, Appellant, v Joseph Stancari, as Warden, Westchester County Penitentiary, et al., Respondents.
Submitted February 24, 1992;
decided April 2, 1992

Motion for leave to appeal dismissed upon the ground that petitioner has been released from custody and 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 ). Motion for poor person relief dismissed as academic.