People ex rel. Watts v Warden, Eric M. Taylor Ctr., 2023 NY Slip Op 03359 [217 AD3d 881]

June 21, 2023

Appellate Division, Second Department

[*1]

The People of the State of New York ex rel. Gregory S. Watts, on Behalf of Walter Porter, Petitioner,

v

Warden of Eric M. Taylor Center, Respondent.

Watts & Watts, Brooklyn, NY (Gregory S. Watts pro se of counsel), for petitioner.

Eric Gonzalez, District Attorney, Brooklyn, NY (Jonathan Visotzky of counsel), for respondent.

Writ of habeas corpus in the nature of an application to release Walter Porter upon his own recognizance or, in the alternative, to set reasonable bail upon Kings County indictment No. 1199/2019.

Adjudged that the writ is sustained, without cost or disbursements, to the extent that the matter is remitted to the Supreme Court, Kings County, upon the consent of the respondent, to conduct an evidentiary hearing pursuant to CPL 530.60 (2) (c), and the writ is otherwise dismissed ( see People ex rel. Batmanghelidj v Brann , 185 AD3d 876 [2020]; People ex rel. Woolworth v Department of Corr. Warden, Bellevue Hosp. Prison Ward , 184 AD3d 610 [2020]). Brathwaite Nelson, J.P., Maltese, Ford and Warhit, JJ., concur..