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PEOPLE EX REL. MacGIOLLABHUI v. SCHRIRO

13856, 260993/12, 4538/10, 933/12

123 A.D.3d 633 (2014)

997 N.Y.S.2d 624

2014 NY Slip Op 09046

THE PEOPLE OF THE STATE OF NEW YORK ex rel. NIALL MacGIOLLABHUI, on Behalf of MICHAEL CLARE, Appellant, v. DORA B. SCHRIRO, Commisioner, New York City Department of Corrections, Respondent.

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

Decided December 30, 2014.

This appeal challenging the legality of petitioner's preconviction detention is moot, since petitioner is currently incarcerated pursuant to a judgment of conviction and sentence rendered upon his plea of guilty (see People ex rel. Megaro [Santiago] v Walsh, 15 A.D.3d 238 [1st Dept 2005]). Further, petitioner has failed to demonstrate the applicability of an exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne...

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