PEOPLE EX REL RUSSO v. TOULON (2023)

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

The PEOPLE, etc., EX REL. Jason Lawrence RUSSO, on behalf of Julie Devuono, petitioner, v. Errol D. TOULON, etc., et al., respondents.

2023–05065

Decided: June 16, 2023

MARK C. DILLON, J.P., BETSY BARROS, PAUL WOOTEN, HELEN VOUTSINAS, JJ.

Gaitman & Russo, LLP, Garden City, NY (Jason Lawrence Russo pro se of counsel), for petitioner. Raymond A. Tierney, District Attorney, Riverhead, NY (James Bartens of counsel), for respondents.

DECISION & JUDGMENT

Writ of habeas corpus in the nature of an application, inter alia, to modify a nonmonetary bail condition concerning the curfew of Julie Devuono, upon Suffolk County Indictment Nos. 70771/2023 and 70807/2023.

ADJUDGED that the writ is dismissed, without costs or disbursements, without prejudice to seeking relief before the Supreme Court, Suffolk County.

In this proceeding, the petitioner has not established entitlement to the relief sought.

DILLON, J.P., BARROS, WOOTEN and VOUTSINAS, JJ., concur.

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