PEOPLE EX REL DEFREITAS v. SUFFOLK COUNTY SHERIFF (2023)

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

The PEOPLE, etc., EX REL. Russell DEFREITAS, petitioner, v. SUFFOLK COUNTY SHERIFF, etc., respondent.

2023–08299

Decided: October 16, 2023

FRANCESCA E. CONNOLLY, J.P., LARA J. GENOVESI, BARRY E. WARHIT, JANICE A. TAYLOR, JJ.

Russell DeFreitas, Riverhead, NY, petitioner pro se. Raymond A. Tierney, District Attorney, Riverhead, NY (Sarah Skahill of counsel), for respondent.

DECISION, ORDER & JUDGMENT

Writ of habeas corpus in the nature of an application to release Russell DeFreitas pursuant to CPL 30.30(2)(a), or, in the alternative, to set reasonable bail upon Suffolk County Indictment No. 71385/2023, and application for poor person relief.

ORDERED that the application for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022(b) is waived, and the application is otherwise denied as academic; and it is further,

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

The petitioner failed to demonstrate entitlement to relief pursuant to CPL 30.30(2)(a).

The determination of the Supreme Court, Suffolk County, did not violate “constitutional or statutory standards” (People ex rel. Klein v. Kruger, 25 N.Y.2d 497, 499; see People ex rel. Rosenthal v. Wolfson, 48 N.Y.2d 230).

CONNOLLY, J.P., GENOVESI, WARHIT and TAYLOR, JJ., concur.

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