People ex rel. Davis v Ponte, 2017 NY Slip Op 05691 [152 AD3d 632]

July 14, 2017

Appellate Division, Second Department

[*1]

The People of the State of New York ex rel. Scott M. Davis, on Behalf of Darrell Beatty, Petitioner,

v

James Ponte, as Commissioner of the New York City Department of Correction, Respondent.

Davis & Gugerty, Forest Hills, NY (Scott M. Davis pro se of counsel), for petitioner.

Zachary W. Carter, Corporation Counsel, New York, NY (Kimberly M. Joyce of counsel), for respondent.

Richard A. Brown, District Attorney, Kew Gardens, NY (Matthew Luongo of counsel), nonparty pro se.

Writ of habeas corpus in the nature of an application to release Darrell Beatty from the custody of the New York City Department of Correction.

Adjudged that the writ is sustained, without costs or disbursements; and it is further, Ordered that the respondent is directed to immediately release the detainee, Darrell Beatty, upon service upon him, or his representative, of a certified copy of this decision, order and judgment. Balkin, J.P., Miller, Maltese and Connolly, JJ., concur..