People ex rel. Burke v Franchi

People v Franchi 2022 NY Slip Op 03807 Decided on June 9, 2022 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 June 9, 2022 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
COLLEEN D. DUFFY, J.P.
BETSY BARROS
REINALDO E. RIVERA
ROBERT J. MILLER, JJ.
2022-04223

[*1]The People of the State of New York, ex rel. Kyleen Burke, on behalf of Quandez Marshall, petitioner,

v

Michael Franchi, etc., respondent.

Laurette D. Mulry, Riverhead, NY (Kyleen Burke pro se of counsel), petitioner.

Raymond A. Tierney, District Attorney, Riverhead, NY (Jonathan D. Estreich of counsel), for respondent.

DECISION & JUDGMENT

Writ of habeas corpus in the nature of an application to release Quandez Marshall upon his own recognizance or, in the alternative, to set reasonable bail upon Suffolk County Indictment No. 71258/2022.

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

The determination of the Supreme Court, Suffolk 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., BARROS, RIVERA and MILLER, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court