People ex rel. West v. LeFevre

• Decision Date: 04 May 1978
• Citation: 63 A.D.2d 758,405 N.Y.S.2d 419
• Parties: The PEOPLE of the State of New York ex rel. Leon WEST, Appellant, v. Eugene S. LEFEVRE, as Superintendent of the Clinton Correctional Facility, Respondent.
• Court: New York Supreme Court — Appellate Division

Page 419

405 N.Y.S.2d 419

63 A.D.2d 758

The PEOPLE of the State of New York ex rel. Leon WEST, Appellant, v.Eugene S. LEFEVRE, as Superintendent of the Clinton Correctional Facility, Respondent.

Supreme Court of New York, Appellate Division, Third Department.

May 4, 1978

Thomas D. Conole, Albany, for appellant.Louis J. Lefkowitz, Atty. Gen. (Frederick R. Walsh, Albany, of counsel), for respondent.

Appeal from a judgment of the Supreme Court at Special Term, entered September 15, 1977 in Clinton County, which denied an application for a writ of habeas corpus, without a hearing.

On March 23, 1978the Court of Appeals reversed defendant's judgment of conviction and dismissed the indictment against him (People v. West, 56 A.D.2d 955, 392 N.Y.S.2d 930, revd.44 N.Y.2d 656, 405 N.Y.S.2d 29, 376 N.E.2d 190).Consequently, the present appeal has been rendered moot.

Appeal dismissed, as moot, without costs.

MAHONEY, P. J., and GREENBLOTT, SWEENEY, KANE and STALEY, Jr., JJ., concur.