General
The People of the State of New York ex rel. Homero Diaz, Appellant, v. Daniel McMann, as Warden of Clinton Prison, Respondent
26 A.D.2d 843·New York Supreme Court, Appellate Division·1966·NY
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Opinion
The People of the State of New York ex rel. Homero Diaz, Appellant, v. Daniel McMann, as Warden of Clinton Prison, Respondent.
[MAJORITY — Herlihy, J.]
Herlihy, J.
Appeal from a judgment of the Supreme Court, Clinton County, which dismissed a writ of habeas corpus after a hearing. The briefs of both parties allege that pending this appeal the relator’s sentence was vacated and a new sentence imposed on January 14, 1966. Accordingly, this appeal is rendered academic. (People ex rel. Taylor v. McMann, 24 A D 2d 1080, mot. for lv. to app. den. 17 N Y 2d 421.) For the reason set forth above, the appeal is dismissed as academic, without costs. Gibson, P. J., Reynolds and Staley, Jr., JJ., concur; Taylor, J., not voting.