The People, etc., ex rel. Samuel A. Gauthier, on behalf of Diandre McNeill, petitioner, v. Cynthia Brann, etc., respondent. (2020)

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

The People, etc., ex rel. Samuel A. Gauthier, on behalf of Diandre McNeill, petitioner, v. Cynthia Brann, etc., respondent.

2020–08719

Decided: December 02, 2020

MARK C. DILLON, J.P. ROBERT J. MILLER SYLVIA O. HINDS–RADIX LINDA CHRISTOPHER, JJ.

Janet E. Sabel, New York, N.Y. (Samuel A. Gauthier pro se of counsel), for petitioner. Michael E. McMahon, District Attorney, Staten Island, N.Y. (Thomas B. Litsky, Morrie I. Kleinbart, and Alexander Fumelli of counsel), for respondent.

Argued—December 1, 2020

DECISION & JUDGMENT

Writ of habeas corpus in the nature of an application to release Diandre McNeill upon his own recognizance or, in the alternative, to set reasonable bail upon Richmond County Docket No. CR–003729–20RI.

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

The determination of the Supreme Court, Richmond County, did not violate “constitutional or statutory standards” (People ex rel. Klein v. Krueger, 25 N.Y.2d 497, 499; see People ex rel. Rosenthal v. Wolfson, 48 N.Y.2d 230).

DILLON, J.P., MILLER, HINDS–RADIX and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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