PEOPLE EX REL KON v. MAGINLEY LIDDIE (2025)

DECISION & JUDGMENT

Writ of habeas corpus in the nature of an application to release Diego Guerra upon his own recognizance or, in the alternative, to set reasonable bail upon Queens County Indictment No. 1815/2017.  By decision and judgment dated January 17, 2025, this Court dismissed the writ (see People ex rel. Kon v. Maginley–Liddie, 234 A.D.3d 808, 223 N.Y.S.3d 720).  On October 21, 2025, the Court of Appeals reversed the decision and judgment of this Court and remitted the matter to this Court for further proceedings (see People ex rel. Kon v. Maginley–Liddie, ––– N.Y.3d ––––, –––N.Y.S.3d ––––, ––– N.E.3d ––––, 2025 N.Y. Slip Op. 05785).

ADJUDGED that, upon remittitur from the Court of Appeals, the writ is sustained, without costs or disbursements, to the extent that the matter is remitted to the Supreme Court, Queens County, for further proceedings to satisfy the requirements of CPL 510.10(1), to be concluded with all convenient speed (see People ex rel. Steinagle v. Howard, 204 A.D.3d 1491, 1492, 165 N.Y.S.3d 766;  see also People ex rel. Rankin v. Brann, 41 N.Y.3d 436, 442–443, 211 N.Y.S.3d 811, 235 N.E.3d 343;  People ex rel. Cassar v. Toulon, ––– AD3d –––– [decided herewith]), and the writ is otherwise dismissed.

MILLER, J.P., DOWLING, WAN and GOLIA, JJ., concur.