PEOPLE EX REL. WYNDER v. MacIOL

713 OP 16-02271.

151 A.D.3d 1722 (2017)

2017 NY Slip Op 04670

53 N.Y.S.3d 842

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ANDREW WYNDER, Petitioner, v. ROBERT M. MacIOL, Sheriff of Oneida County Jail, or Any Other Person Having Custody of ANDREW WYNDER, Respondent.

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

Decided June 9, 2017.


It is hereby ordered that said petition is unanimously dismissed without costs.

Memorandum: Petitioner commenced this habeas corpus proceeding in this Court pursuant to CPLR 7002 (b) (2), contending that County Court abused its discretion in declining to set bail on two pending indictments. We note, however, that petitioner has pleaded guilty to and been sentenced on those indictments. Thus, the instant petition "challenging the legality of petitioner's preconviction...

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