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People ex rel. Bender v Brann, 2018 NY Slip Op 04269 [162 AD3d 726]

June 8, 2018

Appellate Division, Second Department

[*1]

The People of the State of New York ex rel. Elizabeth Bender, on Behalf of Aswab Bellamy, Petitioner,

v

Cynthia Brann, Commissioner, Department of Correction, Respondent.

Seymour W. James, Jr., New York, NY (Joshua Norkin, Elizabeth Bender, pro se, and Davis Polk & Wardwell LLP [Daniel F. Kolb, Shahira D. Ali, and Garrett Cardillo] of counsel; Pat Andriola, Serena Wu, Drew Dean, and Mengyi Xu on the petition), for petitioner.

Richard A. Brown, District Attorney, Kew Gardens, NY (Robert J. Masters, John M. Castellano, Johnnette Traill, Nancy Fitzpatrick Talcott, and Kathryn Mullen of counsel), for respondent.

Writ of habeas corpus, inter alia, in the nature of an application for bail reduction upon Queens County docket No. CR-016425-18QN to release Aswab Bellamy on his own recognizance or to set reasonable bail.

Adjudged that the writ is dismissed as academic, without costs or disbursements, as Aswab Bellamy was released on his own recognizance on June 1, 2018. Rivera, J.P., Duffy, Connolly and Iannacci, JJ., concur..