PEOPLE EX REL. CROW v. WARDEN

2010-04242

76 A.D.3d 646 (2010)

905 N.Y.S.2d 913

THE PEOPLE OF THE STATE OF NEW YORK ex rel. BRIAN CROW, on Behalf of ERIC FLEISCHER, Petitioner, v. WARDEN, ANNA M. KROSS DETENTION CTR., Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided August 17, 2010.


Adjudged that the writ is dismissed as academic, without costs or disbursements.

This Court declines to review the petitioner's arguments, which he concedes have been rendered academic by the plea of guilty entered by the detainee on whose behalf he commenced this proceeding. As such, the detainee is not entitled to be released from custody, and the courts are prohibited from rendering purely advisory opinions absent an exception to the mootness doctrine (see Matter...

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