Opinion
Motion No: M-1154
05-13-2019
The People of the State of New York ex rel Michelle McGrath, Esq., on behalf of Henry Youngs, Petitioner-Appellant, v. Index No. 260043/19 Cynthia Brann, Commissioner, New York City Department of Correction, Respondent-Respondent.
An appeal having been taken to this Court from the order of the Supreme Court, Bronx County, entered on or about January 25, 2019, which, on petitioner's habeas corpus application, reduced bail to $3,000 cash or $1,5000 bond, And an order of a Justice of this Court having been entered on January 29, 2019, staying execution of the judgment pending appeal, fixing bail at $0, and releasing relator on his own recognizance on condition that relator report immediately to Bronx Community Solutions for an intake meeting and to complete an assessment at the program. Relator, inter alia, was directed to stay in contact with his Supervised Release case manager, And Petitioner-appellant having moved for leave to prosecute, as a poor person, the appeal taken from the Supreme Court order entered on or about January 25, 2019, for leave to have the appeal heard upon the original record and reproduced (M-1154) -2-May 13, 2019 appellant's brief, for assignment of appellate counsel, for an expedited hearing of the appeal, and to be released on his own recognizance, 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 maintaining all of the terms of the single Justice order entered on January 29, 2019, including fixing bail at $0; releasing relator on his own recognizance, directing relator to continue to report to Bronx Community Solutions, and maintaining contact with his Supervised Release Case Manager; and It is further ordered that poor person relief is granted to the extent of directing that the appeal be heard on the original record and 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, five hard copies and, and if represented by counsel, one digital copy of such brief, together with the original record, pursuant to Section 1250.9 of the Practice Rules of the Appellate Division. Appellant is permitted to dispense with payment of the required fee for the subpoena and filing of the record. Pursuant to Section 35 of the Judiciary Law, 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 petitioner-appellant for purposes of the appeal. Counsel is directed to perfect the appeal in accordance with Section 1250.5 of the Rules of the Appellate Division on or before July 8, 2019, for that Term; and if so perfected, the Clerk of the Court is directed to maintain the appeal on the calendar for that Term.
ENTERED: May 13, 2019
_____________________ CLERK
Present - Hon. Dianne T. Renwick, Justice Presiding, Rosalyn H. Richter Peter Tom Barbara R. Kapnick Cynthia S. Kern, Justices
M-1154
Ind. No. 1497/18