Opinion
2013-00574 M156299
05-14-2013
People ex rel. Jared Kneitel, on behalf of Daniel McFadden, petitioner, v. Warden, Rikers Island Correctional Facility, etc., respondent.
, P.J.
REINALDO E. RIVERA
JOHN M. LEVENTHAL
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Motion by the petitioner for leave to reargue a writ of habeas corpus in the nature of an application pursuant to CPL 170.70 to release the defendant in a criminal action entitled People v McFadden, pending in the Supreme Court, Kings County, under S.C.I. No. 102020/12, and a prior motion by the petitioner to strike the respondent's papers filed in response to the writ of habeas corpus, which were determined by decision, order and judgment of this Court dated March 13, 2013.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied.
ENG, P.J., RIVERA, LEVENTHAL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court