THE PEOPLE OF THE STATE OF NEW YORK KEITH DOUGLAS v. CRAIG APPLE (2015)

MEMORANDUM AND ORDER

Calendar Date:  October 27, 2015

Appeal from a decision of the Supreme Court (Lynch, J.), dated March 28, 2014 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 70, after a hearing.

Following his arrest on drug-related charges, petitioner commenced this habeas corpus proceeding seeking his immediate release.  In view of petitioner being subsequently indicted, Supreme Court dismissed the proceeding as moot.  This appeal ensued.

The decision of Supreme Court was never reduced to a judgment or order.  “As a general rule, no appeal lies except from a judgment or an order” (People ex rel. Frazier v. Fogg, 122 A.D.2d 377, 377 [1986];  see CPLR 5501).  In any event, once petitioner was indicted, he was no longer entitled to the relief requested in his habeas corpus application (see People ex rel. Miller v. Knowlton, 239 A.D.2d 655, 655–656 [1997];  People ex rel. Warren v. Davis, 92 A.D.2d 679, 679 [1983] ).

Lahtinen, J.P., Egan Jr., Rose and Clark, JJ., concur.

ORDERED that the appeal is dismissed, without costs.

ENTER:

Robert D. Mayberger

Clerk of the Court