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People ex rel. Lassiter v. Schriro

Supreme Court of New York, First Department

February 25, 2014

The People of the State of New York ex rel. Desiree Lassiter, on behalf of Yadira Hernandez, Petitioner-Appellant,
v.
Dora B. Schriro, etc., Respondent-Respondent.

The Bronx Defenders, Bronx (V. Marika Meis of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Orrie A. Levy of counsel), for respondent.

Sweeny, J.P., Andrias, Moskowitz, DeGrasse, Gische, JJ.

Appeal from judgment, Supreme Court, Bronx County (Patricia Anne Williams, J.), rendered June 10, 2013, denying the writ of habeas corpus and dismissing the petition, unanimously dismissed as moot, without costs.

The appeal is moot because petitioner is no longer incarcerated (see People ex rel. Howell v Mitchell, 225 A.D.2d 491 [1st Dept 1996]), and we do not find applicable the exception to the mootness doctrine set forth in Matter of Hearst Corp. v Clyne (50 N.Y.2d 707, 714-715 [1980]). Petitioner is essentially seeking review of an underlying case-specific, discretionary decision by the bail court (Steven L. Barrett, J.), to increase petitioner's bail (see 530.60[1]; see also CPL 510.30), and her arguments for applying the exception to the mootness doctrine are unavailing.

Were we not dismissing the appeal, we would affirm.


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