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PEOPLE v. APPLE

518913.

134 A.D.3d 1358 (2015)

21 N.Y.S.3d 650

2015 NY Slip Op 09572

THE PEOPLE OF THE STATE OF NEW YORK ex rel. KEITH DOUGLAS, Appellant, v. CRAIG D. APPLE, as Sheriff of Albany County, Respondent.

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

Decided December 24, 2015.

Following his arrest on drug-related charges, petitioner commenced this habeas corpus proceeding seeking his immediate release. In view of petitioner being subsequently indicted, Supreme Court dismissed the proceeding as moot. This appeal ensued.

The decision of Supreme Court was never reduced to a judgment or order. "As a general rule, no appeal lies except from a judgment or an order" (People ex rel. Frazier v Fogg, 122 A.D.2d 377

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