| People ex rel. VanGuilder v Fischer |
| 2010 NY Slip Op 09439 [79 AD3d 1499] |
| December 23, 2010 |
| Appellate Division, Third Department |
| The People of the State of New York ex rel. Christopher VanGuilder,Appellant, v Brian Fischer, as Commissioner of Correctional Services,Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Marlene O. Tuczinski of counsel), forrespondent.
Appeal from a judgment of the Supreme Court (Feldstein, J.), entered April 30, 2010 in FranklinCounty, which denied petitioner's application for a writ of habeas corpus, in a proceeding pursuant toCPLR article 70, without a hearing.
In 2004, petitioner was sentenced as a second felony offender to a prison term of 3 to 6 yearsupon his conviction for criminal possession of a controlled substance in the fifth degree. He thereaftercommenced this habeas corpus proceeding contending that his sentence was illegally altered after hewas refused admission into a shock incarceration program. Supreme Court denied petitioner'sapplication without a hearing and this appeal ensued.
This Court has been advised by the Attorney General that petitioner reached the maximumexpiration date of his sentence and was released from custody on July 19, 2010. Accordingly, habeascorpus relief is no longer available and the appeal must be dismissed as moot (People ex rel. Brown v LaClair, 74 AD3d1642, 1643 [2010]; People ex rel.McAdoo v Taylor, 31 AD3d 847, 848 [2006]).
Mercure, J.P., Peters, Lahtinen, Malone Jr. and McCarthy, JJ., concur. Ordered that the appeal isdismissed, as moot, without costs.