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PEOPLE EX REL. MEGARO v. WALSH

15 A.D.3d 238 (2005)

788 N.Y.S.2d 852

THE PEOPLE OF THE STATE OF NEW YORK ex rel. PATRICK MEGARO, on Behalf of DAVID SANTIAGO, Appellant v. PETER WALSH, Warden, George Motchan Detention Center, Respondent.

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

February 10, 2005.

Inasmuch as defendant has pleaded guilty, was sentenced, and is presently incarcerated pursuant to that judgment, the legality of his pretrial detention is moot and can no longer be challenged (People v Tatis-Duran, 300 A.D.2d 84 [2002]). We find no novel or significant issues "capable of repetition, yet evading review," which would warrant consideration on the merits (see Spencer v Kemna, 523 U.S. 1

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