Opinion
Motion No. 2021-01729
06-17-2021
The People of the State of New York, ex rel. Allen Farbman, on behalf of Dontez Daniels Petitioner-Appellant, v. Cynthia Brann, Commissioner, New York City Department of Corrections, Respondent-Respondent.
Present - Hon. Sallie Manzanet-Daniels, Justice Presiding, Troy K. Webber Angela M. Mazzarelli Peter H. Moulton Manuel J. Mendez, Justices. Index. No. 450599/21
Case No. 2021-01087
An appeal having been taken from an order of the Supreme Court, New York County, entered on or about March 30, 2021, which denied petitioner's writ of habeas corpus seeking his release based on the People's failure to bring his case to trial within 90 days pursuant to CPL § 30.30(2)(a),
And petitioner having moved for an order a) declaring that this Court's Procedures for Appeals of Writs of Habeas Corpus Involving Bail applies and directing the Clerk to accept petitioner's brief pursuant to those procedures, b) either setting an expedited filing schedule or directing the New York County District Attorney's Office to enter into a stipulation concerning a briefing schedule in this case, or c) in the event that this Court determines that this appeal shall be perfected by the term system, admitting defendant to bail pending the outcome of the appeal, pursuant to CPLR §§7009(E) and 7011, and d) in either case, assigning Janet Sabel, Esq., the Legal Aid Society, as counsel and granting such other and further relief as may be appropriate,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is ordered that the motion, insofar as it seeks an order declaring that this Court's Procedures for Appeals of Writs of Habeas Corpus Involving Bail applies and directing the Clerk to accept petitioner's brief pursuant to those procedures, is denied, and
It is further ordered that the motion, insofar as it seeks to expedite the appeal, is granted to the extent that the Clerk is directed to maintain the appeal on this Court's calendar for the September 2021 Term (CPLR 5521[a]; 22 NYCRR 1250.15[a][2]), and
It is further ordered that the motion, insofar as it seeks petitioner's release on bail, pending the hearing and determination of the appeal, is denied, and
It is further ordered that Janet E. Sabel, Esq., The Legal Aid Society, 199 Water Street, 5th Floor, New York, NY 10038, Tel. No. (212) 577-3688, is assigned as counsel for petitioner for purposes of the appeal. ENTERED: June 17, 2021
/s/
Susanna Molina Rojas
Clerk of the Court