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PEOPLE EX REL. CASS v. KHAHAIFA

KAH 11-00458.

89 A.D.3d 1517 (2011)

932 N.Y.S.2d 748

2011 NY Slip Op 8405

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ROBERT CASS, Respondent, v. SIBATU KHAHAIFA, Superintendent, Orleans Correctional Facility, Appellant.

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

Decided November 18, 2011.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum: Respondent appeals from an order granting the petition for a writ of habeas corpus. We note at the outset that the order was subsumed in the final judgment, from which no appeal was taken. Nevertheless, we exercise our discretion to treat the notice of appeal as valid and deem...

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