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The People of the State of New York Ex Rel. v. Brian Fischer

State of New York Supreme Court, Appellate Division Third Judicial Department


December 23, 2010

THE PEOPLE OF THE STATE OF NEW YORK EX REL. CHRISTOPHER VANGUILDER, APPELLANT,
v.
BRIAN FISCHER, AS COMMISSIONER OF CORRECTIONAL SERVICES, RESPONDENT.

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered April 30, 2010 in Franklin County, which denied petitioner's application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

MEMORANDUM AND ORDER

Calendar Date: November 3, 2010

Before: Mercure, J.P., Peters, Lahtinen, Malone Jr. and McCarthy, JJ.

In 2004, petitioner was sentenced as a second felony offender to a prison term of 3 to 6 years upon his conviction for criminal possession of a controlled substance in the fifth degree. He thereafter commenced this habeas corpus proceeding contending that his sentence was illegally altered after he was refused admission into a shock incarceration program. Supreme Court denied petitioner's application without a hearing and this appeal ensued.

This Court has been advised by the Attorney General that petitioner reached the maximum expiration date of his sentence and was released from custody on July 19, 2010. Accordingly, habeas corpus relief is no longer available and the appeal must be dismissed as moot (People ex rel. Brown v LaClair, 74 AD3d 1642, 1643 [2010]; People ex rel. McAdoo v Taylor, 31 AD3d 847, 848 [2006]).

Mercure, J.P., Peters, Lahtinen, Malone Jr. and McCarthy, JJ., concur.

ORDERED that the appeal is dismissed, as moot, without costs.

ENTER:

Robert D. Mayberger Clerk of the Court

20101223

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