People ex rel. Mulry v Franchi, 2020 NY Slip Op 03671 [185 AD3d 600]
July 1, 2020
Appellate Division, Second Department
[*1]
The People of the State of New York ex rel. Laurette Mulry, on Behalf of Julio M. Palaez, Petitioner,
v
Michael Franchi, Respondent.
Laurette D. Mulry, named herein as Laurette Mulry, Riverhead, NY (Agnes Neldner-Ratuszny of counsel), petitioner pro se.
Timothy D. Sini, District Attorney, Riverhead, NY (Melissa Grier and Alfred Croce of counsel), for respondent.
Writ of habeas corpus in the nature of an application to release Julio M. Palaez on his own recognizance upon Suffolk County Docket Nos. CR-010965-20SU, CR-010966-20SU, CR-010967-20SU, and CR-053889-18SU.
Adjudged that the writ is dismissed, without costs or disbursements.
The petitioner has not demonstrated that the detention of Julio M. Palaez pursuant to a felony complaint is illegal ( see CPLR 7002 [a]; 7010 [a]; People ex rel. DeLia v Munsey , 26 NY3d 124 , 127-128 [2015]). Under the circumstances of this case, upon Palaez’s application to be released pursuant to CPL 180.80, the People demonstrated good cause for the delay in conducting a preliminary hearing until July 7, 2020 ( see CPL 180.80 [3]; Executive Order [Cuomo] No. 202.28 [9 NYCRR 8.202.28]; People ex rel. Ciocco v Dzurenda , 184 AD3d 702 [2d Dept 2020]).
To the extent that the petitioner contends that Palaez is entitled to release pursuant to CPL 190.80, this contention is without merit, as he made no application to the superior court to be released pursuant to that statute. Scheinkman, P.J., Austin, Iannacci and Wooten, JJ., concur..