People v Warden Mingo A.M.K.C. et al.Index No. 100511/17 .

Motion No: M-4309

Slip Opinion No: 2017 NYSlipOp 90960(U)

Decided on October 31, 2017

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

October 31, 2017

The People of the State of New York

ex rel. William Escalera, Jr.,

Petitioner-Appellant,

v

Warden Mingo, A.M.K.C., et al.Index No. 100511/17

Respondents-Respondents.

The above-named petitioner having moved for, inter alia, a writ of habeas corpus to be issued from this Court, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied as moot, and the petition is dismissed, without prejudice to raising the substantive arguments sought to be raised here on a direct appeal from a judgment rendered on or about June 23, 2015. ENTERED: October 31, 2017

_____________________ CLERK

Present - Hon. Richard T. Andrias,Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices

M-4309

Ind. No. 5111/15