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People ex rel. Roberts v Brann, 2020 NY Slip Op 05554 [187 AD3d 827]

October 7, 2020

Appellate Division, Second Department

[*1]

The People of the State of New York ex rel. Sam Roberts, on Behalf of Quincy Pierre, Petitioner,

v

Cynthia Brann, Respondent.

Janet E. Sabel, New York, NY (Sam Roberts pro se of counsel), for petitioner.

Eric Gonzalez, District Attorney, Brooklyn, NY (Seth Lieberman and Leonard Joblove of counsel), for respondent.

Writ of habeas corpus in the nature of an application to release Quincy Pierre on his own recognizance or, in the alternative, to set reasonable bail upon Kings County indictment No. 6026/2019.

Adjudged that the writ is sustained to the extent that bail on Kings County indictment No. 6026/2019, is fixed in the sum of $100,000, by posting that sum in the form of an insurance company bail bond or a partially secured bond with the requirement of 10% down, or by depositing that sum as a cash bail alternative, on condition that, in addition to posting a bond or depositing the cash alternative set forth above, Quincy Pierre shall (1) surrender all passports, if any, he may have to the Office of the District Attorney of Kings County and shall not apply for any new or replacement passports; (2) wear an electronic monitoring bracelet, with monitoring services to be provided by a qualified entity pursuant to CPL 510.40 (4) (c), and any violations of the conditions set forth herein relating to the electronic monitoring shall be reported by the electronic monitoring service provider to the Office of the District Attorney of Kings County; (3) remain confined to his home, except for visits to his attorney, his doctors, or court, and must travel directly from his home to his attorney, his doctors, or court and directly back to his home, when conducting those visits; and (4) provide to the Office of the District Attorney of Kings County, an affidavit in which he attests that if he leaves the jurisdiction he agrees to waive the right to oppose extradition from any foreign jurisdiction; and the writ is otherwise dismissed, without costs or disbursements; and it is further, Ordered that upon receipt of a copy of this decision, order and judgment together with proof that Quincy Pierre has (1) given an insurance company bail bond in the sum of $100,000, given a partially secured bond in the sum of $100,000 at 10%, or deposited the sum of $100,000 as a cash bail alternative, (2) arranged for electronic monitoring with a qualified entity pursuant to CPL 510.40 (4) (c), (3) surrendered all passports, if any he may have to the Office of the District Attorney of Kings County, and (4) provided the Office of the District Attorney of Kings County with an affidavit, in a form approved by the Office of the District Attorney of Kings County, attesting that if he leaves the jurisdiction he agrees to waive his right to oppose extradition from any foreign jurisdiction, the Warden of the facility at which Quincy Pierre is incarcerated, or his or her agent, is directed to immediately release Quincy Pierre. Mastro, J.P., Leventhal, Maltese and Iannacci, JJ., concur..