People ex rel. Davis v. Smith , 51 N.Y.2d 739 ( 1980 )

Motion for leave to appeal, etc., dismissed upon the ground that relator has been released on parole and, therefore, his liberty is no longer restrained to such a degree as to entitle him to the extraordinary writ of habeas corpus (People ex rel. Wilder v Markley, 26 NY2d 648).