PEOPLE EX REL MACKENZIE v. DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION (2023)

Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., EX REL. Andrea S. MACKENZIE, on behalf of Nireair Jefferson, petitioner, v. N.Y.S. DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, et al., respondents.

2023–07497

Decided: September 12, 2023

MARK C. DILLON, J.P., ROBERT J. MILLER, BARRY E. WARHIT, LAURENCE L. LOVE, JJ.

Laurette D. Mulry, Riverhead, NY (Andrea S. Mackenzie pro se of counsel), for petitioner. Letitia James, Attorney General, New York, NY (Steven N. Schulman of counsel), for respondent N.Y.S. Department of Corrections and Community Supervision. Raymond A. Tierney, District Attorney, Riverhead, NY (Thomas C. Costello of counsel), for respondent Michael Franchi.

DECISION & JUDGMENT

Writ of habeas corpus in the nature of an application to release Nireair Jefferson upon his own recognizance or to set reasonable bail pursuant to Executive Law § 259–i(3)(a)(viii) upon Suffolk County Docket Nos. MZ–020134–22SU and SMZ–70559–23/001.

ADJUDGED that the writ is dismissed, without costs or disbursements.

The petitioner failed to demonstrate entitlement to relief pursuant to Executive Law § 259–i(3)(a)(viii).

DILLON, J.P., MILLER, WARHIT and LOVE, JJ., concur.

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