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People v. Dannhauser

Supreme Court of New York, First Department
Apr 23, 2024
2024 N.Y. Slip Op. 2151 (N.Y. App. Div. 2024)

Opinion

No. 2104 Ind. No. 74323/22 Index No. 453231/23 Case No. 2023-06818

04-23-2024

In the Matter of The People of the State of New York etc., Petitioner-Appellant, v. Jess Dannhauser etc., Respondent-Respondent.

Neighborhood Defender Service of Harlem, New York (Jahnavi Bhaskar of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Brent Yarnell of counsel), for respondent.


Neighborhood Defender Service of Harlem, New York (Jahnavi Bhaskar of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Brent Yarnell of counsel), for respondent.

Before: Oing, J.P., Moulton, Mendez, Shulman, Pitt-Burke, JJ.

Judgment (denominated an order), Supreme Court, New York County (Diane Kiesel, J.), entered on or about January 8, 2024, denying the petition for a writ of habeas corpus and dismissing the proceeding, unanimously affirmed, without costs.

Petitioner was charged with attempted murder in the second degree for his alleged participation in a gang-related drive-by shooting. After petitioner was released on bail, he was arrested because he was allegedly present during a gang-related altercation. Although petitioner was not charged in that case, the bail court (Stephen Antignani, J.) found, after viewing surveillance video footage of the incident, that petitioner's conduct and disregard of its instructions to avoid gang elements and firearms indicated an enhanced flight risk (see CPL 530.60[1]). The habeas court properly determined that the bail court did not abuse its discretion in remanding petitioner pursuant to CPL 530.60(1) for good cause shown (see People ex rel. Rankin v Brann, - N.Y.3d -, 2024 NY Slip Op 00850 [2024]), in light of the nature and seriousness of the charges, the potential sentence, petitioner's use of a firearm, the serious harm caused to a bystander who was shot and required surgery, and petitioner's failure to abide by the bail court's condition that he refrain from associating with gang members and firearms, and participating in gang-related activities (see CPL 510.10[1]).


Summaries of

People v. Dannhauser

Supreme Court of New York, First Department
Apr 23, 2024
2024 N.Y. Slip Op. 2151 (N.Y. App. Div. 2024)
Case details for

People v. Dannhauser

Case Details

Full title:In the Matter of The People of the State of New York etc.…

Court:Supreme Court of New York, First Department

Date published: Apr 23, 2024

Citations

2024 N.Y. Slip Op. 2151 (N.Y. App. Div. 2024)