People ex rel. Nieves v. Gaston

Appellate Division of the Supreme Court of the State of New York·Decided August 11, 2026·No. 2026-07618·Published

Opinion

People ex rel. Nieves v Gaston

2026 NY Slip Op 04916

August 11, 2026

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This decision is uncorrected and subject to revision before publication in the Official Reports.

The People of the State of New York, ex rel. Jose L. Nieves, on behalf of Jayden Mesidor, petitioner,

v

Rebecca Jones Gaston, etc., respondent.

Supreme Court of the State of New York, Appellate Division, Second Judicial Department

Decided on August 11, 2026

2026-07618

Colleen D. Duffy, J.P.

Barry E. Warhit

Phillip Hom

Susan Quirk, JJ.

Jose L. Nieves, Bayside, NY, petitioner pro se.

Melinda Katz, District Attorney, Kew Gardens, NY, (Ariel Gootkin, Johnette Traill, and Nancy Fitzpatrick Talcott of counsel), for respondent.

[*1]

DECISION & JUDGMENT

Writ of habeas corpus in the nature of an application to release Jayden Mesidor upon his own recognizance or, in the alternative, to set reasonable bail upon Queens County Indictment No. 74111/2025.

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

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

DUFFY, J.P., WARHIT, HOM and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court

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People ex rel. Nieves v. Gaston, (N.Y. Ct. App. 2026).

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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)