PEOPLE EX REL. ROSE v. FOLLETTE


37 A.D.2d 864 (1971)

The People of the State of New York ex rel. James Louis Rose, Appellant, v. Harold W. Follette, as Warden of Green Haven Prison, Respondent

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

October 26, 1971


Appeal dismissed, as moot, without costs.

After the entry of the judgment relator was discharged from the custody in which he had been held on and prior to said entry date and he concedes that he is presently confined to Comstock Prison serving a seven-year sentence after a jury trial on unrelated matters. Therefore, his liberty is not restrained under the 1968 sentence here attacked and accordingly he is not entitled to the extraordinary writ of habeas corpus (

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