Opinion
2019–05119
05-22-2019
The People, etc., ex rel. Grover FRANCIS, ON BEHALF OF Ahmad DANIELS, Petitioner, v. Cynthia BRANN, Commissioner, Department of Correction, Respondent.
Janet E. Sabel, Staten Island, N.Y. (Grover Francis, pro se, of counsel), for petitioner. Michael E. McMahon, District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart and Adam Silberlight of counsel), for respondent.
Janet E. Sabel, Staten Island, N.Y. (Grover Francis, pro se, of counsel), for petitioner.
Michael E. McMahon, District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart and Adam Silberlight of counsel), for respondent.
WILLIAM F. MASTRO, J.P., RUTH C. BALKIN, BETSY BARROS, LINDA CHRISTOPHER, JJ.
DECISION, ORDER & JUDGMENT
Writ of habeas corpus in the nature of an application for bail reduction upon Richmond County Indictment No. 104/19, and application by the petitioner for leave to prosecute the proceeding as a poor person.
ORDERED that the application for leave to prosecute the proceeding as a poor person is granted to the extent that the filing fee imposed by CPLR 8022(b) is waived, and the application is otherwise denied as academic; and it is further,
ADJUDGED that the writ is dismissed, without costs or disbursements.
The determination of the Supreme Court, Richmond County, was not an improvident exercise of discretion, and did not violate "constitutional or statutory standards" ( People ex rel. Klein v. Kruger, 25 N.Y.2d 497, 499, 307 N.Y.S.2d 207, 255 N.E.2d 552 ; see People ex rel. Rosenthal v. Wolfson, 48 N.Y.2d 230, 422 N.Y.S.2d 55, 397 N.E.2d 745 ; People ex rel. Bender v. Brann, 162 A.D.3d 727, 74 N.Y.S.3d 862 ).
MASTRO, J.P., BALKIN, BARROS and CHRISTOPHER, JJ., concur.