People of State of New York ex rel. Alonzo Derrick v Warden, George Motchan Detention Ctr. (Rikers Island)

Motion No: 190 SSD 8

Slip Opinion No: 2008 NYSlipOp 63883

Decided on February 19, 2008

Court of Appeals Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law & sect; 431.

This motion is uncorrected and subject to revision before publication in the Official Reports.

The People of the State of New York ex rel. Alonzo Derrick, Appellant, v. Warden, George Motchan Detention Center (Rikers Island), Respondent.

Appeal dismissed without costs, by the Court sua sponte, upon the ground that relator has been released from custody and, therefore, his liberty is no longer restrained to such a degree as to entitle him to the extraordinary writ of habeas corpus (see People ex rel. Wilder v Markley, 26 NY2d 648 [1970]).