PEOPLE EX REL WATTS v. WARDEN ERIC TAYLOR CENTER (2023)

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

The PEOPLE, etc., EX REL. Gregory S. WATTS, on behalf of Walter Porter, petitioner, v. WARDEN, ERIC M. TAYLOR CENTER, respondent.

2023–05078

Decided: June 21, 2023

VALERIE BRATHWAITE NELSON, J.P., JOSEPH J. MALTESE, WILLIAM G. FORD, BARRY E. WARHIT, JJ.

Watts & Watts, Brooklyn, NY (Gregory S. Watts pro se of counsel), for petitioner. Eric Gonzalez, District Attorney, Brooklyn, NY (Jonathan Visotzky of counsel), for respondent.

DECISION & JUDGMENT

Writ of habeas corpus in the nature of an application to release Walter Porter upon his own recognizance or, in the alternative, to set reasonable bail upon Kings County Indictment No. 1199/2019.

ADJUDGED that the writ is sustained, without cost or disbursements, to the extent that the matter is remitted to the Supreme Court, Kings County, upon the consent of the respondent, to conduct an evidentiary hearing pursuant to CPL 530.60(2)(c), and the writ is otherwise dismissed (see People ex rel. Batmanghelidj v. Brann, 185 A.D.3d 876, 125 N.Y.S.3d 588; People ex rel. Woolworth v. Department of Corr. Warden, Bellevue Hosp. Prison Ward, 184 A.D.3d 610, 123 N.Y.S.3d 540).

BRATHWAITE NELSON, J.P., MALTESE, FORD and WARHIT, JJ., concur.

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