PEOPLE EX REL BARTA v. MOLINA (2023)

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

The PEOPLE, etc., EX REL. Peter A. BARTA, on behalf of Shyheid Gibson, petitioner, v. Louis A. MOLINA, etc., respondent.

2023–09535

Decided: October 25, 2023

VALERIE BRATHWAITE NELSON, J.P., JOSEPH J. MALTESE, WILLIAM G. FORD, CARL J. LANDICINO, JJ.

Queens Defenders, Forest Hills, NY (Peter A. Barta pro se of counsel), for petitioner. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Nancy Fitzpatrick Talcott, Edan Benmelech, and Barbara Irala of counsel), for respondent.

DECISION & JUDGMENT

Writ of habeas corpus, inter alia, in the nature of an application for the immediate release of Shyheid Gibson upon Queens County Indictment No. 72899/2023.

ADJUDGED that the writ is dismissed, without costs or disbursements.

In light of Shyheid Gibson's release on October 19, 2023, the petition has been rendered academic to the extent that it seeks his immediate release (see Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 713–714). Contrary to the petitioner's contention, the exception to the mootness doctrine does not apply in this proceeding (see id. at 714–715).

Moreover, the petitioner failed to establish entitlement to any other relief sought.

BRATHWAITE NELSON, J.P., MALTESE, FORD and LANDICINO, JJ., concur.

Was this helpful?

Easy to understand

Solved my problem

Other

Missing the information I need

Too complicated / too many steps

Out of date

Other

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go to Learn About the Law