Opinion
DOCKET NO. OP 17-00984
06-20-2017
THE PEOPLE OF THE STATE OF NEW YORK EX REL. RODNEY MCFARLAND, PETITIONER, v. PATRICK M. O'FLYNN, SHERIFF OF MONROE COUNTY, RESPONDENT.
PRESENT:
Petitioner having commenced this original proceeding by order to show cause signed by Justice Stephen K. Lindley on May 25, 2017, seeking a writ of habeas corpus in the nature of an application to reduce bail upon Monroe County Indictment No. 2002-0733,
Now, upon reading and filing the verified petition sworn to May 22, 2017, and the exhibits attached thereto, the order to show cause with proof of service thereof, the statement of Catherine H. Josh, Esq., dated June 6, 2017, and the exhibit attached thereto, the affirmation of Christyn Musso, Esq., dated June 12, 2017, and the exhibit attached thereto, the affirmation of Stephen X. O'Brien, Esq., dated June 12, 2017, the statement of Catherine H. Josh, Esq., dated June 12, 2017, and the exhibits attached thereto, and due deliberation having been had thereon,
It is hereby ORDERED that the writ of habeas corpus sought in the petition is denied and the petition is dismissed on the ground that the determination of the Supreme Court, Monroe County, was not an improvident exercise of discretion and did not violate " ‘constitutional or statutory standards' " (People ex rel. Rosenthal v. Wolfson, 48 NY2d 230, 232).
Memorandum: "The fact that the court did not state its reasons for [its] determination does not warrant the conclusion that the determination was an abuse of discretion," inasmuch as "[t]he court implicitly based its ruling on the arguments of the parties, which addressed the factors enumerated in CPL 510.30 (2) (a), as well as its familiarity with the strength of the prosecution's case viewed in light of the newly discovered evidence" (People ex rel. Kirshbaum v Schriro, 100 AD3d 571, 571; see People ex rel. Gerson v Schriro, 105 AD3d 660, 660-661).
Entered: June 20, 2017
Frances E. Cafarell, Clerk