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People ex rel. Braithwaite v. Toulon

Supreme Court of New York, Second Department
Jun 22, 2022
2022 N.Y. Slip Op. 4044 (N.Y. App. Div. 2022)

Opinion

No. 2022-04361

06-22-2022

The People of the State of New York, ex rel. Keston Braithwaite, v. Errol D. Toulon, etc., respondent.

Keston Braithwaite, Riverhead, NY, petitioner pro se. Raymond A. Tierney, District Attorney, Riverhead, NY (Meaghan Powers of counsel), for respondent.


Keston Braithwaite, Riverhead, NY, petitioner pro se.

Raymond A. Tierney, District Attorney, Riverhead, NY (Meaghan Powers of counsel), for respondent.

ANGELA G. IANNACCI, J.P., ROBERT J. MILLER, LARA J. GENOVESI, WILLIAM G. FORD, JJ.

DECISION, ORDER & JUDGMENT

Writ of habeas corpus in the nature of an application to release Keston Braithwaite on his own recognizance or, in the alternative, to set reasonable bail upon Suffolk County Indictment No. 308C/2020, and application for poor person relief. Application by the respondent to seal the papers filed in connection with the application for a writ of habeas corpus.

ORDERED that the application by the respondent is granted to the extent that the papers filed in connection with the application for a writ of habeas corpus are marked confidential and may not be viewed by the public but may be viewed by the parties and counsel appearing on their behalf, and the application is otherwise denied; and it is further, ORDERED that the application for poor person relief 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, Suffolk 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).

IANNACCI, J.P., MILLER, GENOVESI and FORD, JJ., concur.


Summaries of

People ex rel. Braithwaite v. Toulon

Supreme Court of New York, Second Department
Jun 22, 2022
2022 N.Y. Slip Op. 4044 (N.Y. App. Div. 2022)
Case details for

People ex rel. Braithwaite v. Toulon

Case Details

Full title:The People of the State of New York, ex rel. Keston Braithwaite, v. Errol…

Court:Supreme Court of New York, Second Department

Date published: Jun 22, 2022

Citations

2022 N.Y. Slip Op. 4044 (N.Y. App. Div. 2022)