| People ex rel. Rivera v Kralik |
| Motion No: 2008-02692 |
| Slip Opinion No: 2008 NYSlipOp 69212(U) |
| Decided on April 15, 2008 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M69037
S/sl
HOWARD MILLER, J.P.
MARK C. DILLON
RUTH C. BALKIN
WILLIAM E. McCARTHY, JJ.
|
2008-02692 The People, etc., ex rel. William A. Gerard, on behalf of Rosendo Rivera, petitioner, v James A. Kralik, etc., respondent.
| DECISION & ORDER ON MOTION |
Application by the petitioner for a writ of habeas corpus.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the matter is remitted to the Supreme Court, Rockland County, for an immediate hearing and report on the issue of whether the petitioner is being detained solely based on an alleged violation of the terms of post-release supervision or whether there are independent charges against him which form the basis of his detention, and the application is held in abeyance in the interim. The Supreme Court, Rockland County, shall file its report with all convenient speed.
MILLER, J.P., DILLON, BALKIN and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court