People ex rel. Francis v Brann, 2019 NY Slip Op 03980 [172 AD3d 1222]

May 22, 2019

Appellate Division, Second Department

[*1]

The People of the State of New York ex rel. Grover Francis, on Behalf of Ahmad Daniels, Petitioner,

v

Cynthia Brann, Commissioner, Department of Correction, Respondent.

Janet E. Sabel, Staten Island, NY (Grover Francis, pro se, of counsel), for petitioner.

Michael E. McMahon, District Attorney, Staten Island, NY (Morrie I. Kleinbart and Adam Silberlight of counsel), for respondent.

Writ of habeas corpus in the nature of an application for bail reduction upon Richmond County indictment No. 104/19, and application by the petitioner for leave to prosecute the proceeding as a poor person.

Ordered that the application for leave to prosecute the proceeding as a poor person 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 determination of the Supreme Court, Richmond County, was not an improvident exercise of discretion, and 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]; People ex rel. Bender v Brann , 162 AD3d 727 [2018]). Mastro, J.P., Balkin, Barros and Christopher, JJ., concur..