Opinion
Motion No: M-6136
01-24-2019
The People of the State of New York, ex rel. Takiya Wheeler, Esq., on behalf of Shanikwua McCoy, Petitioner-Appellant, v. Cynthia Brann, Commissioner, New York City Department of Corrections, Respondent-Respondent.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about November 14, 2018, which denied petitioner's writ of habeas corpus, And petitioner-appellant having moved for an order: (i) releasing her on her own recognizance or, in the alternative, granting a bail reduction pending the determination of the appeal; (ii) expediting the appeal; (iii) granting leave to prosecute the appeal as a poor person; and (iv) assigning appellate counsel, And interim relief having been granted by order of a Justice of this Court on November 28, 2018, fixing bail in the sum of $100,000 partially secured surety bond secured by $1,000, with 72 hour surety hearing, entire cash bond to be forfeited if appellant violates bail conditions, and directing appellant to report to FedCap Women's Project within 48 hours of her release, and to cooperate fully with the project, and FedCap to report bi-weekly to this Court, the People and defense counsel on appellant's status in the project, 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 is granted to the extent of granting bail pending hearing and determination of the appeal upon the terms and conditions fixed by the interim order of a Justice of this Court, entered on November 28, 2018, and it is directed that the appeal be heard upon a reproduced appellant's brief, on condition that appellant serves one copy of such brief upon the Attorney General of the State of New York and files an original and five copies, and if represented by counsel, one digial copy of such brief, together with the original record, pursuant to 22 NYCRR 1250.9. Janet E. Sabel, Esq., The Legal Aid Society, 199 Water Street, 5th Floor, New York, New York 10038, Telephone No. 212-577-3688, is assigned as counsel for appellant for purposes of the appeal. Counsel for appellant is directed to perfect the appeal on or before March 18, 2019, for the June 2019 Term, and if so perfected, the appeal is to be maintained on the calendar for said Term.
ENTERED: January 24, 2019
_____________________ CLERK
PRESENT: Hon. David Friedman, Justice Presiding, Angela M. Mazzarelli Troy K. Webber Cynthia S. Kern Jeffrey K. Oing, Justices
M-6136
Index No. 452122/18