The People, etc., ex rel. Jenna Spelke, on behalf of Carlos Rodriguez–Rivera, petitioner, v. Anthony J. LaRocca, etc., respondent. (2022)

Argued—September 30, 2022

DECISION & JUDGMENT

Writ of habeas corpus in the nature of an application for the immediate release of Carlos Rodriguez–Rivera, who is incarcerated in the Nassau County Correctional Center, or, in the alternative, to release him upon his own recognizance or to set reasonable bail upon Nassau County Superior Court Information No. 941N/2021.

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

The petitioner has failed to demonstrate entitlement to immediate release (see People ex rel. Rodriguez v. Fludd, 180 AD3d 734).  In addition, the bail determination of the Supreme Court, Nassau 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).

DUFFY, J.P., CHRISTOPHER, DOWLING and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court