Can a motion to dismiss an appeal from a defendant who has been released on parole be dismissed?
"New York", United States of America
The following excerpt is from People ex rel. Harrison v. Smith, 398 N.Y.S.2d 417, 42 N.Y.2d 995 (N.Y. 1977):
Motion to dismiss the appeal herein granted and the appeal dismissed, without costs, upon the ground that the relator has been released on parole and, therefore, his liberty is no longer restrained to such a degree as to entitle him to the extraordinary writ of habeas corpus (People ex rel. Wilder v. Markley, 26 N.Y.2d 648, 307 N.Y.S.2d 672, 255 N.E.2d 784). 55 A.D.2d 1013, 391 N.Y.S.2d 207.
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