People ex rel. Barca v Warden, 2022 NY Slip Op 04349 [207 AD3d 506] [207 AD3d 506]

July 7, 2022

Appellate Division, Second Department

[*1]

The People of the State of New York ex rel. Hamilcar Barca, Petitioner,

v

Warden, Respondent.

Hamilcar Barca, East Elmhurst, NY, petitioner pro se.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Jean M. Joyce, and Ilana Atlas of counsel), for respondent.

Writ of habeas corpus in the nature of an application to release Hamilcar Barca upon his own recognizance or, in the alternative, to set reasonable bail upon Kings County indictment No. 71897/2021, 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 determination of the Supreme Court, Kings County, did not violate “constitutional or statutory standards” ( People ex rel. Klein v Krueger , 25 NY2d 497, 499 [1969]; see People ex rel. Rosenthal v Wolfson , 48 NY2d 230 [1979]). Dillon, J.P., Christopher, Wan and Taylor, JJ., concur..