PEOPLE EX REL BAZILE v. TOULON (2024)

DECISION, ORDER & JUDGMENT

Writ of habeas corpus in the nature of an application to release Jerome Davis upon his own recognizance or, in the alternative, to set reasonable bail upon Suffolk County Indictment No. 70826/2024.

ADJUDGED that the writ is sustained, without costs or disbursements, and Jerome Davis is released upon his own recognizance on condition that Jerome Davis shall (1) surrender all passports, if any, he may have to the Office of the District Attorney of Suffolk County, or, if he does not possess a passport, he shall provide to the Office of the District Attorney of Suffolk County an affidavit or affirmation, in a form approved by the Office of the District Attorney of Suffolk County, in which he attests that he does not possess a passport, and shall not apply for any new or replacement passports;  and (2) provide to the Office of the District Attorney of Suffolk County an affidavit or affirmation, in a form approved by the Office of the District Attorney of Suffolk County, in which he attests that if he leaves the jurisdiction he agrees to waive the right to oppose extradition from any foreign jurisdiction;  and it is further,

ORDERED that upon receipt of a copy of this decision, order and judgment together with proof that Jerome Davis has surrendered all passports, if any, he may have to the Office of the District Attorney of Suffolk County, or, if he does not possess a passport, has provided to the Office of the District Attorney of Suffolk County an affidavit or affirmation, in a form approved by the Office of the District Attorney of Suffolk County, in which he attests that he does not possess a passport, and shall not apply for any new or replacement passports, and has provided to the Office of the District Attorney of Suffolk County an affidavit or affirmation, in a form approved by the Office of the District Attorney of Suffolk County, in which he attests that if he leaves the jurisdiction he agrees to waive the right to oppose extradition from any foreign jurisdiction, the Warden of the facility at which Jerome Davis is incarcerated, or his or her agent, is directed to immediately release Jerome Davis from incarceration.

BARROS, J.P., CHRISTOPHER, WARHIT and LANDICINO, JJ., concur.