| People ex rel. Barta v Molina |
| 2025 NY Slip Op 05736 [44 NY3d 1040] |
| October 16, 2025 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, February 11, 2026 |
| The People of the State of New York ex rel. Peter A. Barta, on Behalf of Shyheid Gibson, Appellant, v Louis A. Molina, Respondent. |
Appeal, by permission of the Court of Appeals, from a judgment of the Appellate Division of the Supreme Court in the Second Judicial Department, entered October 25, 2023, in a proceeding pursuant to CPLR article 70. The Appellate Division dismissed the writ of habeas corpus.
People ex rel. Barta v Molina, 220 AD3d 953, affirmed.
Appeal
- Academic and Moot Questions
- Habeas Corpus
The Appellate Division did not abuse its discretion in dismissing as moot so much of the petition as sought defendant's immediate release. Insofar as the petition sought other relief, the petition was moot and the Court of Appeals declined to invoke the exception to the mootness doctrine.
Queens Defenders, Forest Hills (Peter A. Barta of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens (Amanda Iannuzzi and John M. Castellano of counsel), for respondent.
The Legal Aid Society, New York City (Arielle Reid and Philip Desgranges of counsel), for The Legal Aid Society, amicus curiae.
Judgment affirmed, without costs. The Appellate Division did not abuse its discretion in dismissing as moot so much of the petition as sought defendant's immediate release. Insofar as the petition sought other relief, the petition is now moot, and we decline to apply the mootness exception.
Concur: Chief Judge Wilson and Judges Rivera, Garcia, Singas, Cannataro, Troutman and Halligan.