Ordered that the appeal is dismissed as academic, without costs or disbursements.
Subsequent to the Supreme Court's denial of the petition, the petitioner was released to parole supervision. Inasmuch as, under New York law, the liberty of a prisoner who is released on parole is no longer restrained to such a degree as to entitle him or her to the extraordinary writ of habeas corpus, the appeal must be dismissed (see People ex rel. Wilder v Markley,
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