People ex rel. Braithwaite v Toulon

People ex rel. Braithwaite v Toulon 2022 NY Slip Op 04044 Decided on June 22, 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 22, 2022 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
ANGELA G. IANNACCI, J.P.
ROBERT J. MILLER
LARA J. GENOVESI
WILLIAM G. FORD, JJ.
2022-04361 DECISION, ORDER & JUDGMENT

[*1]The People of the State of New York, ex rel. Keston Braithwaite,

v

Errol D. Toulon, etc., respondent. Keston Braithwaite, Riverhead, NY, petitioner pro se.

Raymond A. Tierney, District Attorney, Riverhead, NY (Meaghan Powers of counsel), for respondent.

Writ of habeas corpus in the nature of an application to release Keston Braithwaite on his own recognizance or, in the alternative, to set reasonable bail upon Suffolk County Indictment No. 308C/2020, and application for poor person relief. Application by the respondent to seal the papers filed in connection with the application for a writ of habeas corpus.

ORDERED that the application by the respondent is granted to the extent that the papers filed in connection with the application for a writ of habeas corpus are marked confidential and may not be viewed by the public but may be viewed by the parties and counsel appearing on their behalf, and the application is otherwise denied; and it is further,

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 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).

IANNACCI, J.P., MILLER, GENOVESI and FORD, JJ., concur.

ENTER: Maria T. Fasulo Clerk of the Court