People ex rel. DeFreitas v. Suffolk County Sheriff

196 N.Y.S.3d 578, 220 A.D.3d 829, 2023 NY Slip Op 05218
CourtAppellate Division of the Supreme Court of the State of New York
DecidedOctober 16, 2023
Docket2023-08299
StatusPublished

This text of 196 N.Y.S.3d 578 (People ex rel. DeFreitas v. Suffolk County Sheriff) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People ex rel. DeFreitas v. Suffolk County Sheriff, 196 N.Y.S.3d 578, 220 A.D.3d 829, 2023 NY Slip Op 05218 (N.Y. Ct. App. 2023).

Opinion

People ex rel. DeFreitas v Suffolk County Sheriff (2023 NY Slip Op 05218)
People ex rel. DeFreitas v Suffolk County Sheriff
2023 NY Slip Op 05218
Decided on October 16, 2023
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on October 16, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
FRANCESCA E. CONNOLLY, J.P.
LARA J. GENOVESI
BARRY E. WARHIT
JANICE A. TAYLOR, JJ.

2023-08299

[*1]The People of the State of New York, ex rel. Russell DeFreitas, petitioner,

v

Suffolk County Sheriff, etc., respondent.


Russell DeFreitas, Riverhead, NY, petitioner pro se.

Raymond A. Tierney, District Attorney, Riverhead, NY (Sarah Skahill of counsel), for respondent.



Writ of habeas corpus in the nature of an application to release Russell DeFreitas pursuant to CPL 30.30(2)(a), or, in the alternative, to set reasonable bail upon Suffolk County Indictment No. 71385/2023, and application for poor person relief.

ORDERED that the application for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022(b) is waived, and the application is otherwise denied as academic; and it is further,

ADJUDGED that the writ is dismissed, without costs or disbursements.

The petitioner failed to demonstrate entitlement to relief pursuant to CPL 30.30(2)(a).

The determination of the Supreme Court, Suffolk County, did not violate "constitutional or statutory standards" (People ex rel. Klein v Kruger , 25 NY2d 497, 499; see People ex rel. Rosenthal v Wolfson , 48 NY2d 230).

CONNOLLY, J.P., GENOVESI, WARHIT and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court



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Related

People ex rel. Klein v. Krueger
255 N.E.2d 552 (New York Court of Appeals, 1969)
People ex rel. Rosenthal v. Wolfson
397 N.E.2d 745 (New York Court of Appeals, 1979)

Cite This Page — Counsel Stack

Bluebook (online)
196 N.Y.S.3d 578, 220 A.D.3d 829, 2023 NY Slip Op 05218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-defreitas-v-suffolk-county-sheriff-nyappdiv-2023.