People ex rel. Baptistev.Spota

Supreme Court, Appellate Division, Second Department, New York.Apr 19, 2017
50 N.Y.S.3d 299 (N.Y. App. Div. 2017)
50 N.Y.S.3d 299149 A.D.3d 973

04-19-2017

The PEOPLE, etc., ex rel. Anthony BAPTISTE, petitioner, v. Thomas SPOTA, et al., respondents.

Anthony Baptiste, Riverhead, NY, petitioner pro se. Thomas J. Spota, named herein as Thomas Spota, District Attorney, Riverhead, NY (Alfred Croce of counsel), respondent pro se and for respondent Robert Barry.


Anthony Baptiste, Riverhead, NY, petitioner pro se.

Thomas J. Spota, named herein as Thomas Spota, District Attorney, Riverhead, NY (Alfred Croce of counsel), respondent pro se and for respondent Robert Barry.

Writ of habeas corpus in the nature of an application to reduce bail upon Suffolk County Indictment No. 0396/16, and application by the petitioner for poor person relief.

ORDERED that the application is granted to the extent that the filing fee 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, Suffolk County, did not violate "constitutional or statutory standards" (People ex rel. Klein v. Krueger, 25 N.Y.2d 497, 499, 307 N.Y.S.2d 207, 255 N.E.2d 552 ; see People ex rel. Rosenthal v. Wolfson, 48 N.Y.2d 230, 422 N.Y.S.2d 55, 397 N.E.2d 745 ).

HALL, J.P., SGROI, MALTESE and LaSALLE, JJ., concur.