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PEOPLE EX REL. GENTRY v. APPLE

526509.

175 A.D.3d 1679 (2019)

106 N.Y.S.3d 645

2019 NY Slip Op 06655

The People of the State of New York ex rel. Rondue Gentry, Appellant, v. Craig D. Apple, as Sheriff of Albany County, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided September 19, 2019.

Attorney(s) appearing for the Case

Rondue Gentry, Attica, appellant pro se.

Daniel C. Lynch, County Attorney, Albany (Michael Goldstein of counsel), for respondent.

Garry, P.J., Aarons, Rumsey and Pritzker, JJ., concur.

In November 2017, while he was being held in the Albany County jail, petitioner commenced this proceeding pursuant to CPLR article 70 against respondent seeking a writ of habeas corpus directing his release. Supreme Court dismissed the application without a hearing. Petitioner, in turn, filed a pro se notice of appeal. However, in March 2018, while his appeal was still pending, petitioner was transferred to the custody of the ...

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