People ex rel. DeFreitas v Toulon, 2024 NY Slip Op 02063 [226 AD3d 921]

April 17, 2024

Appellate Division, Second Department

[*1]

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

v

Errol D. Toulon, Jr., Respondent.

Russell DeFreitas, Riverhead, NY, petitioner pro se.

Raymond A. Tierney, District Attorney, Riverhead, NY (Dina Cangero of counsel), for respondent.

Writ of habeas corpus in the nature of an application to release Russell DeFreitas upon his own recognizance or to set reasonable bail pursuant to CPL 30.30 (2) (a) 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). Connolly, J.P., Genovesi, Warhit and Taylor, JJ., concur..