| People etc. ex rel. Joseph G. Szymaszek v State of New York |
| Motion No: 2009-171 |
| Slip Opinion No: 2009 NYSlipOp 68306 |
| Decided on April 02, 2009 |
| Court of Appeals Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and subject to revision before publication in the Official Reports. |
The People etc. ex rel. Joseph G. Szymaszek,
Appellant,
v
State of New York,
Respondent.
On the Court's own motion, appeal dismissed, without costs, upon the ground that relator has been released on postrelease supervision 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]).
Motion for leave to appeal dismissed upon the ground that relator has been released on postrelease supervision and, therefore, his liberty is no longer restrained to such a degree as to entitle him to the extraordinary writ of habeas corpus (seePeople ex rel. Wilder v Markley, 26 NY2d 648 [1970]).