People ex rel. Kuby v. Merritt

96 A.D.3d 607, 947 N.Y.S.2d 454

This text of 96 A.D.3d 607 (People ex rel. Kuby v. Merritt) 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. Kuby v. Merritt, 96 A.D.3d 607, 947 N.Y.S.2d 454 (N.Y. Ct. App. 2012).

Opinion

Judgment, Supreme Court, New York County (Larry Stephen, J.), entered September 21, 2011, denying the writ of habeas corpus and dismissing the petition, unanimously affirmed, without costs.

In February 2010, petitioner, Gigi Jordan, was charged with second-degree murder stemming from allegations that she intentionally caused the death of her eight-year-old autistic son by giving him an overdose of prescription medication. Petitioner also ingested a number of pills and left a suicide note stating that her son’s death was the only way to protect him from his [608]*608allegedly abusive father and that she did not wish to live without him.

Following arraignment, petitioner asked the court to set bail in the amount of $5 million, with a specific condition that she be released to a psychiatric facility. Supreme Court (Daniel FitzGerald J.) denied the request and remanded petitioner with the understanding that the application could be renewed before the assigned judge. On renewal, petitioner offered to post a $5 million bond fully secured by her New York City properties, and to freeze her assets, allegedly totaling approximately $40 million, by placing them in an escrow account to be managed by two named attorneys. She also proposed that her release be conditioned on a security package providing that she would be confined to her Manhattan brownstone and monitored round the clock by on-premises armed security guards and an electronic G.P.S. system, at her own expense, and on her continued psychiatric treatment.

By order dated April 23, 2010, Supreme Court (Charles Solomon, J.), considering the factors enumerated in CPL 510.30 (2) (a), denied the application. Petitioner, by new counsel, moved for reconsideration of bail “under the same conditions and restrictions that apply to Dominique Strauss-Kahn.” By order dated August 11, 2010, Justice Solomon denied the application. After hearing argument, Justice Stephen denied the writ of habeas corpus and dismissed the petition on the ground that it “[could] not say based on the seriousness of this case and all of the other factors laid out at these bail hearings that [Justice Solomon] did abuse his discretion.”

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Bluebook (online)
96 A.D.3d 607, 947 N.Y.S.2d 454, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-kuby-v-merritt-nyappdiv-2012.