IN RE: the PEOPLE of the State of New York etc. (2024)

Judgment (denominated an order), Supreme Court, New York County (Diane Kiesel, J.), entered on or about January 8, 2024, denying the petition for a writ of habeas corpus and dismissing the proceeding, unanimously affirmed, without costs.

Petitioner was charged with attempted murder in the second degree for his alleged participation in a gang-related drive-by shooting.  After petitioner was released on bail, he was arrested because he was allegedly present during a gang-related altercation.  Although petitioner was not charged in that case, the bail court (Stephen Antignani, J.) found, after viewing surveillance video footage of the incident, that petitioner's conduct and disregard of its instructions to avoid gang elements and firearms indicated an enhanced flight risk (see CPL 530.60[1]).  The habeas court properly determined that the bail court did not abuse its discretion in remanding petitioner pursuant to CPL 530.60(1) for good cause shown (see People ex rel. Rankin v. Brann, ––– N.Y.3d ––––, ––– N.Y.S.3d ––––, ––– N.E.3d ––––, 2024 N.Y. Slip Op. 00850 [2024]), in light of the nature and seriousness of the charges, the potential sentence, petitioner's use of a firearm, the serious harm caused to a bystander who was shot and required surgery, and petitioner's failure to abide by the bail court's condition that he refrain from associating with gang members and firearms, and participating in gang-related activities (see CPL 510.10[1]).