PEOPLE EX REL DEFREITAS v. TOULON (2024)

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

The PEOPLE, etc., EX REL. Russell DEFREITAS, petitioner, v. Errol D. TOULON, Jr., etc., respondent.

2023–12323

Decided: April 17, 2024

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 (Dina Cangero of counsel), for respondent.

DECISION, ORDER & JUDGMENT

Writ of habeas corpus in the nature of an application to release Russell DeFreitas upon his own recognizance or to set reasonable bail pursuant to CPL 30.30(2)(a) 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).

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

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