People ex rel. Mulry v. Franchi
| Decision Date | 01 July 2020 |
| Docket Number | 2020–04694 |
| Citation | 124 N.Y.S.3d 876 (Mem),185 A.D.3d 600 |
| Parties | The PEOPLE, etc., EX REL. Laurette MULRY, on Behalf of Julio M. Palaez, Petitioner, v. Michael FRANCHI, etc., Respondent. |
| Court | New York Supreme Court — Appellate Division |
Laurette D. Mulry, named herein as Laurette Mulry, Riverhead, N.Y. (Agnes Neldner–Ratuszny of counsel), petitioner pro se.
Timothy D. Sini, District Attorney, Riverhead, N.Y. (Melissa Grier and Alfred Croce of counsel), for respondent.
ALAN D. SCHEINKMAN, P.J., LEONARD B. AUSTIN, ANGELA G. IANNACCI, PAUL WOOTEN, JJ.
DECISION & JUDGMENT
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 N.Y.3d 124, 127–128, 20 N.Y.S.3d 304, 41 N.E.3d 1119 ). 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; People ex rel. Ciocco v. Dzurenda, 184 A.D.3d 702, 123 N.Y.S.3d 840 [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.
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