PEOPLE EX REL. DIAZ v. McMANN


26 A.D.2d 843 (1966)

The People of the State of New York ex rel. Homero Diaz, Appellant, v. Daniel McMann, as Warden of Clinton Prison, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 20, 1966


HERLIHY, J.

The briefs of both parties allege that pending this appeal the relator's sentence was vacated and a new sentence imposed on January 14, 1966. Accordingly, this appeal is rendered academic. (People ex rel. Taylor v. McMann, 24 A.D.2d 1080, mot. for lv. to app. den. 17 N.Y.2d 421.)

For the reason set forth above, the appeal is dismissed as academic,...

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