PEOPLE CHAVIS v. McCOY (1997)

Supreme Court, Appellate Division, Fourth Department, New York.

PEOPLE of the State of New York ex rel. Milton CHAVIS, Appellant, v. J.E. McCOY, Superintendent, Cayuga Correctional Facility, Respondent.

Decided: February 07, 1997

Before GREEN, J.P., and LAWTON, DOERR, BALIO and FALLON, JJ.

John Cirando, Syracuse, for Appellant. Charles J. Genese by Barbara Yonis, Rochester, for Respondent.

The current detention of petitioner results from the revocation of his parole following a final parole revocation hearing at which he pleaded guilty to violating the release conditions of his parole. The sole issues presented on this appeal relate to the propriety of petitioner's preliminary parole revocation hearing. Those issues have been “ ‘subsumed by revocation of petitioner's parole’ ”, thus rendering this appeal moot (People ex rel. Wilt v. Meloni, 166 A.D.2d 927, 561 N.Y.S.2d 673, quoting Matter of Collins v. Rodriguez, 138 A.D.2d 809, 525 N.Y.S.2d 728).

Appeal unanimously dismissed without costs.

MEMORANDUM:

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