PEOPLE EX REL BAZILE v. TOULON (2024)

DECISION, ORDER & JUDGMENT

Writ of habeas corpus in the nature of an application to release Solomon Brown upon his own recognizance or, in the alternative, to set reasonable bail upon Suffolk County Indictment No. 71738/2024.

ADJUDGED that the writ is sustained, without costs or disbursements, and Solomon Brown is released upon his own recognizance on condition that Solomon Brown shall (1) wear an electronic monitoring bracelet, with monitoring services to be provided by a qualified entity pursuant to CPL 510.40(4)(c), and any violations of the conditions set forth herein relating to the electronic monitoring shall be reported by the electronic monitoring service provider to the Office of the District Attorney of Suffolk County, and further proceedings pursuant to CPL 510.40(4)(d), if any, shall be conducted in the criminal court in Suffolk County;  (2) 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 (3) 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 Solomon Brown has arranged for electronic monitoring with a qualified entity pursuant to CPL 510.40(4)(c), 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 Solomon Brown is incarcerated, or his or her agent, is directed to immediately release Solomon Brown from incarceration.

DUFFY, J.P., MALTESE, VOUTSINAS and TAYLOR, JJ., concur.