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PEOPLE EX REL. MURPHY v. BURRELL

161 A.D.2d 1116 (1990)

The People of the State of New York ex rel. Jerry Murphy, Respondent, v. Jerry Burrell, as Sheriff of Cattaraugus County, Appellant

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

May 11, 1990

Judgment unanimously reversed on the law and petition dismissed without prejudice.

Memorandum:

Although we agree with the conclusions reached by the trial court, reversal is nonetheless mandated because a writ of habeas corpus will not lie where the applicant is not detained (see, CPLR 7003 [a]; People ex rel. Barrett v New York State Bd. of Parole, 58 N.Y.2d 729; People ex rel. Wilder v Markley,

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