Opinion
533131
12-16-2021
The PEOPLE of the State of New York EX REL. Nicholas ROBINSON, Appellant, v. David E. HARDER, as Broome County Sheriff, Respondent.
Nicholas Robinson, Binghamton, appellant pro se. Robert G. Behnke, County Attorney, Binghamton (Jennifer L. Church of counsel), for respondent.
Nicholas Robinson, Binghamton, appellant pro se.
Robert G. Behnke, County Attorney, Binghamton (Jennifer L. Church of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Lynch, Pritzker and Colangelo, JJ.
MEMORANDUM AND ORDER
Appeal from an order of the Supreme Court (Tait, J.), entered March 1, 2021 in Broome County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 70, without a hearing.
Based upon various criminal charges, petitioner was remanded with bail to the custody of respondent and held at the Broome County Correctional Facility. Petitioner thereafter filed an application for a writ of habeas corpus, asserting that he was entitled to immediate release because, among other things, the facility is not in compliance with COVID–19 guidelines which, given his medical condition, places him at increased risk of serious illness or death rendering his continued confinement unconstitutional and that the bail set is unconstitutionally excessive. Respondent served an answer opposing petitioner's release and submitting various affidavits outlining, among other things, the nature of the charges against petitioner as well as the facility's extensive COVID–19 protocols that meet or exceed the Center for Disease Control guidance and information about petitioner's underlying health conditions. Supreme Court dismissed the petition. Petitioner appeals.
We have reviewed petitioner's allegations with respect to his immediate release based upon COVID–19 and find that petitioner has failed to meet his burden of demonstrating that his continued confinement at the facility is illegal or unconstitutional (see People ex rel. Valenzuela v. Keyser, 197 A.D.3d 1484, 1485, 153 N.Y.S.3d 708 [2021] ; People ex rel. Payne v. McIntosh, 196 A.D.3d 979, 979–980, 148 N.Y.S.3d 407 [2021], lv denied 37 N.Y.3d 913, 2021 WL 5409302 [2021] ). To the extent that the petition challenges the amount of bail set as unconstitutionally excessive, such issue is moot given that petitioner has been remanded without bail following his subsequent guilty plea, and the exception to the mootness doctrine is inapplicable (see People ex rel. Roth v. Ponte, 156 A.D.3d 579, 579, 65 N.Y.S.3d 704 [2017] ; see also People ex rel. Codina v. Lamont, 5 A.D.3d 151, 151, 772 N.Y.S.2d 806 [2004] ). Petitioner's remaining contentions have been reviewed and, to the extent preserved, would not entitle petitioner to immediate release and, therefore, habeas corpus relief is unavailable (see People ex rel. Valenzuela v. Keyser, 197 A.D.3d at 1485, 153 N.Y.S.3d 708 ).
Garry, P.J., Egan Jr., Lynch, Pritzker and Colangelo, JJ., concur.
ORDERED that the order is affirmed, without costs.