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People ex rel. DeFlumer v. Strack

85 N.Y.2d 966 Court N.Y. Decision date 1995-05-11 English

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p. 966
The People of the State of New York ex rel. Carl DeFlumer, Jr., Appellant, v Wayne Strack, as Superintendent of Fishkill Correctional Facility, Respondent.
Submitted March 20, 1995;
decided May 11, 1995

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 .)