IN RE: The People of the State of New York

Reset A A Font size: Print

Supreme Court, Appellate Division, First Department.

IN RE: The People of the State of New York, ex rel. Russel Green, Scid Petitioner–Appellant, v. C. Saunders, New York City Department of Corrections, Respondent–Respondent.


Decided: December 29, 2016

Mazzarelli, J.P., Sweeny, Richter, Manzanet–Daniels, Feinman, JJ. Russel Green, appellant pro se.  Cyrus R. Vance, Jr., Distrit Attorney, New York (Grace Vee of counsel), for respondent.


Appeal from judgment (denominated an order), Supreme Court, New York County (Kevin B. McGrath, J.), entered on or about February 4, 2016, denying the petition for a writ of habeas corpus and dismissing the proceeding brought pursuant to CPLR article 70, unanimously dismissed, without costs, as moot.

This appeal challenging the legality of petitioner's preconviction detention is moot, since petitioner is currently incarcerated pursuant to a judgment of conviction (see People ex rel. Macgiollabhui v Schriro, 123 AD3d 633 [1st Dept 2014] ), and no exception to the mootness doctrine applies (see Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714–715 [1980] ).