PEOPLE EX REL BOKSENBAUM v. MAGINLEY LIDDIE (2025)

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

The PEOPLE, etc., EX REL. Anna BOKSENBAUM, etc., on behalf of Jose Castaneda, petitioner, v. Lynelle MAGINLEY–LIDDIE, etc., respondent.

2025-12643

Decided: October 29, 2025

ANGELA G. IANNACCI, J.P., LARA J. GENOVESI, CARL J. LANDICINO, LAURENCE L. LOVE, JJ.

Twyla Carter, New York, NY (Anna Boksenbaum pro se of counsel), for petitioner. Melinda Katz, District Attorney, Kew Gardens, NY (Amanda Brauchhauser, Johnnette Traill, Charles T. Pollak, and Tess Mariel O'Leary of counsel), for respondent.

DECISION & JUDGMENT

Writ of habeas corpus in the nature of an application for the release of Jose Castaneda upon Queens County Indictment No. 1754/2025.

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

The petitioner has not demonstrated that the detention of Jose Castaneda for more than 144 hours without disposition of a felony complaint, commencement of a preliminary hearing, or obtaining an indictment, was illegal (see CPLR 7002[a], 7010[a]; CPL 180.80). Contrary to the petitioner's contention, the People demonstrated good cause for the one-day delay in obtaining an indictment (see CPL 180.80[3]).

IANNACCI, J.P., GENOVESI, LANDICINO and LOVE, JJ., concur.

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