People ex rel. Arpino v Franchi, 2024 NY Slip Op 03005 [227 AD3d 1125]
May 31, 2024
Appellate Division, Second Department
[*1]
The People of the State of New York ex rel. David A. Arpino, on Behalf of James Carr, Petitioner,
v
Michael J. Franchi et al., Respondents.
Arnold A. Arpino & Associates, P.C., Hauppauge, NY (David A. Arpino pro se of counsel), for petitioner.
Raymond A. Tierney, District Attorney, Riverhead, NY (Michelle Kaszuba and Danielle Davis of counsel), for respondents.
Writ of habeas corpus in the nature of an application to release James Carr upon his own recognizance or, in the alternative, to set reasonable bail upon Suffolk County indictment No. 71090/2024.
Adjudged that the writ is sustained, without costs or disbursements, to the extent that bail upon Suffolk County indictment No. 71090/2024 is set in the sum of $100,000 posted in the form of an insurance company bail bond, the sum of $100,000 posted in the form of a partially secured bond, with the requirement of 10% down, or the sum of $50,000 deposited as a cash bail alternative, on condition that, in addition to posting a bond or depositing the cash alternative set forth above, James Carr shall (1) continue to attend substance abuse treatment and provide monthly written verification that he attended such treatment to the Office of the District Attorney of Suffolk County; (2) surrender all passports, if any, he may have to the Office of the District Attorney of Suffolk County, or, if he does not possess a passport, he shall provide to the Office of the District Attorney of Suffolk County an affidavit or affirmation, in a form approved by the Office of the District Attorney of Suffolk County, in which he attests that he does not possess a passport, and shall not apply for any new or replacement passports; and (3) provide to the Office of the District Attorney of Suffolk County an affidavit or affirmation, in a form approved by the Office of the District Attorney of Suffolk County, in which he attests that if he leaves the jurisdiction he agrees to waive the right to oppose extradition from any foreign jurisdiction; and it is further, Ordered that upon receipt of a copy of this decision, order and judgment together with proof that James Carr (1) has given an insurance company bail bond in the sum of $100,000, has given a partially secured bond in the sum of $100,000, with the requirement of 10% down, or has deposited the sum of $50,000 as a cash bail alternative; (2) has surrendered all passports, if any, he may have to the Office of the District Attorney of Suffolk County, or, if he does not possess a passport, has provided to the Office of the District Attorney of Suffolk County an affidavit or affirmation, in a form approved by the Office of the District Attorney of Suffolk County, in which he attests that he does not possess a passport, and shall not apply for any new or replacement passports; and (3) has provided to the Office of the District Attorney of Suffolk County an affidavit or affirmation, in a form approved by the Office of the District Attorney of Suffolk County, in which he attests that if he leaves the jurisdiction he agrees to waive the right to oppose extradition from any [*2] foreign jurisdiction, the Warden of the facility at which James Carr is incarcerated, or his or her agent, is directed to immediately release James Carr from incarceration. Barros, J.P., Miller, Warhit and Taylor, JJ., concur..