People ex rel. DeFreitas v Suffolk County Sheriff, 2023 NY Slip Op 05218 [220 AD3d 829]

October 16, 2023

Appellate Division, Second Department

[*1]

The People of the State of New York ex rel. Russell DeFreitas, Petitioner,

v

Suffolk County Sheriff, Respondent.

Russell DeFreitas, Riverhead, NY, petitioner pro se.

Raymond A. Tierney, District Attorney, Riverhead, NY (Sarah Skahill of counsel), for respondent.

Writ of habeas corpus in the nature of an application to release Russell DeFreitas pursuant to CPL 30.30 (2) (a), or, in the alternative, to set reasonable bail upon Suffolk County indictment No. 71385/2023, 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 petitioner failed to demonstrate entitlement to relief pursuant to CPL 30.30 (2) (a).

The determination of the Supreme Court, Suffolk 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]). Connolly, J.P., Genovesi, Warhit and Taylor, JJ., concur..