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PEOPLE EX REL. TOOMER v. EMERY

239 A.D.2d 694 (1997)

657 N.Y.S.2d 1020

The People of the State of New York ex rel. Matthew G. Toomer, Appellant, v. Ronald Emery, as Sheriff of Montgomery County, Respondent

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

May 8, 1997

Petitioner contends that he is entitled to be released from respondent's custody due to the People's failure to communicate their readiness for trial of the misdemeanor charge within 30 days from the commencement of said custody (see, CPL 30.30 [2] [b]). Inasmuch as petitioner has been released from prison as a result of pleading guilty to the crime of petit larceny and being sentenced to time served, this appeal is moot (see, People ex rel. Scott v Campbell...

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