PEOPLE EX REL KWAN v. WARDEN GEORGE VIERNO CENTER (2024)

DECISION & JUDGMENT

Writ of habeas corpus in the nature of an application to release Mitchell Thelusca upon his own recognizance or, in the alternative, to set reasonable bail upon Kings County Indictment No. 76298/2024.

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

The determination of the Supreme Court, Kings County, did not violate “constitutional or statutory standards” (People ex rel. Klein v. Krueger, 25 N.Y.2d 497, 499, 307 N.Y.S.2d 207, 255 N.E.2d 552;  see People ex rel. Rosenthal v. Wolfson, 48 N.Y.2d 230, 422 N.Y.S.2d 55, 397 N.E.2d 745).

To the extent that the petitioner contends that Mitchell Thelusca's detention is illegal because he is being detained with a deliberate indifference to his medical needs, this claim raises questions of fact that are more appropriately considered in the first instance by the Supreme Court, which can hold evidentiary hearings and set forth findings of fact and conclusions of law, which may be reviewed on an appropriate appellate record (see People ex rel. Grossfeld v. Brann, 182 A.D.3d 556, 120 N.Y.S.3d 633;  People ex rel. Dieckmann v. Warden, 182 A.D.3d 555, 120 N.Y.S.3d 633).

Accordingly, we dismiss the writ.

BARROS, J.P., GENOVESI, TAYLOR and GOLIA, JJ., concur.