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PEOPLE EX REL. SMITH v. ARTUS

Motion No. 2017-1146.

30 N.Y.3d 1090 (2018)

2018 NY Slip Op 63553

THE PEOPLE OF THE STATE OF NEW YORK ex rel. GERALD SMITH, Appellant, v. MICHELLE ARTUS, Superintendent, Livingston Correctional Facility, Respondent.

Court of Appeals of New York.

Decided February 8, 2018.

Motion for leave to appeal dismissed upon the ground that relator has been released from respondent's custody and, therefore, he is not entitled to the extraordinary writ of habeas corpus (see People ex rel. Wilder v Markley, 26 N.Y.2d 648 [1970]; see also People ex rel. Bourlaye T. v Connolly, 25 N.Y.3d 1054

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