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PEOPLE EX REL. HATCHER v. McKENDRICK

33 A.D.2d 586 (1969)

The People of the State of New York ex rel. John S. Hatcher, Appellant, v. Charles L. McKendrick, as Warden of Wallkill Prison, Respondent

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

October 20, 1969

REYNOLDS, J.

Pending this appeal the Second Department vacated appellant's conviction and ordered a new trial (People v. Bell, 32 A.D.2d 781). Appellant is thus no longer confined pursuant to the sentence resulting from this conviction and, accordingly, this appeal is academic and should be dismissed (e.g., People ex rel. Diaz v. McMann, 26 A.D.2d 843; People ex rel...

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