People v Warden Rikers Island and New York

Motion No: M-756

Slip Opinion No: 2018 NYSlipOp 73243(U)

Decided on May 24, 2018

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.

May 24, 2018

The People of the State of New York

ex rel. Sean Murray,

Petitioner-Appellant, Index No. 101676/17

v

Warden, Rikers Island and New York

City Department of Corrections,

Respondents-Respondents.

Petitioner having moved for the review and reversal of the denial and dismissal of his writ of habeas corpus application, by order of the Supreme Court, New York County, entered on or about December 20, 2017, 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 papers are deemed a timely filed notice of appeal from the order entered on or about December 20, 2017, denying and dismissing petitioner's writ of habeas corpus and the appeal is dismissed as academic, without prejudice to petitioner's addressing the issues on direct appeal from the judgment of conviction rendered on or about March 16, 2018. ENTERED: May 24, 2018

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr., Justice Presiding, Dianne T. Renwick Angela M. Mazzarelli Marcy L. Kahn Ellen Gesmer, Justices

M-756

Ind. No. 809/17