People ex rel. Nevins v Brann, 2020 NY Slip Op 03797 [185 AD3d 713]

July 8, 2020

Appellate Division, Second Department

[*1]

The People of the State of New York ex rel. Diana Nevins, on Behalf of Rafael Reyes, Petitioner,

v

Cynthia Brann, Respondent.

Janet E. Sabel, New York, NY (Diana Nevins pro se of counsel), for petitioner.

Melinda Katz, District Attorney, Kew Gardens, NY (William H. Branigan, Johnette Traill, and John M. Castellano of counsel), for respondent.

Writ of habeas corpus, inter alia, in the nature of an application to release Rafael Reyes on his own recognizance upon Queens County Docket No. CR-008975-20QN.

Adjudged that the writ is dismissed, without costs or disbursements.

The petitioner has not demonstrated that the detention of Rafael Reyes pursuant to a felony complaint is illegal ( see CPLR 7002 [a]; 7010 [a]). Under the circumstances of this case, the People demonstrated good cause for the delay in conducting the preliminary hearing ( see CPL 180.80 [3]; Executive Order [Cuomo] No. 202.28 [9 NYCRR 8.202.28]). Dillon, J.P., Leventhal, Maltese and Christopher, JJ., concur..