PEOPLE RITTER NEWTON v. WARDEN KINGS COUNTY HOSPITAL PRISON WARD (2004)

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

The PEOPLE, etc., ex rel. Jennifer RITTER, o/b/o Julius NEWTON, appellant, v. WARDEN, KINGS COUNTY HOSPITAL PRISON WARD, etc. respondent.

Decided: December 13, 2004

SONDRA MILLER, J.P., GABRIEL M. KRAUSMAN, ROBERT A. SPOLZINO, and ROBERT A. LIFSON, JJ.

Laura R. Johnson, New York, N.Y. (Robert C. Newman of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Ann Bordley of counsel), for respondent.

In a habeas corpus proceeding, the appeal is from a judgment of the Supreme Court, Kings County (Feldman, J.), entered August 12, 2004, which denied the writ and dismissed the proceeding.

ORDERED that the appeal is dismissed as academic, without costs or disbursements.

Subsequent to the argument of this appeal, Julius Newton pleaded guilty to various charges and was released upon his own recognizance. Accordingly, Newton's appeal in this habeas corpus proceeding challenging the legality of his detention must be dismissed as academic (see People ex rel. Chakwin v. Warden, 63 N.Y.2d 120, 480 N.Y.S.2d 719, 470 N.E.2d 146; People ex rel. Jairam v. Bednowsky, 296 A.D.2d 431, 745 N.Y.S.2d 452; People ex rel. Hart v. Travis, 240 A.D.2d 444, 658 N.Y.S.2d 1007).

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