PEOPLE EX REL. RUSSO v. WARDEN, NEW YORK CITY PENITENTIARY


54 A.D.2d 544 (1976)

The People of the State of New York ex rel. Joseph Russo, Respondent, v. Warden, New York City Penitentiary, Appellant

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

September 28, 1976


Unanimously dismissed as moot, without costs and without disbursements.

Relator, a prisoner serving a definite sentence of imprisonment (two concurrent terms of one year each) was committed to the custody of the New York City Commissioner of Correction on June 16, 1975. On or about September 1, 1975, he applied for a conditional release pursuant to subdivision 2 of section 70.40 of the Penal Law. His application having been denied for reasons which were stated, he...

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