People ex rel. Wilder v. Markley
| Decision Date | 07 January 1970 |
| Citation | 255 N.E.2d 784,307 N.Y.S.2d 672,26 N.Y.2d 648 |
| Parties | , 255 N.E.2d 784 PEOPLE, etc. ex rel. William WILDER, Appellant, v. Honorable Edwin MARKLEY, as Warden of the Westchester County Jail, Valhalla, New York, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 29 A.D.2d 542, 285 N.Y.S.2d 224.
Relator brought habeas corpus proceeding against the Warden of the Westchester County Jail in which relator had been incarcerated after conviction of several offenses.
The Supreme Court, Westchester County, rendered an order sustaining the writ, because relator was absent from courtroom when jury returned and was given further instructions.
The Appellate Division reversed the order, on the law and the facts, dismissed the writ, and remanded the relator to the custody of the warden, and held that relator waived right to be present when jury was given further instructions by failing to raise point on appeal.
The relator appealed to the Court of Appeals.
Appeal dismissed, without costs, on the ground that 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 (CPLR 7002(a); see, also, 92 A.L.R.2d 682).
All concur.
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