| THE PEOPLE EX REL. DEON ALLEN V TIMOTHY B. HOWARD, SHERIFF OF ERIE COUNTY |
| Motion No: OP 09-01158 |
| Slip Opinion No: 2009 NY Slip Op 75423(U) |
| Decided on June 15, 2009 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. OP 09-01158
| THE PEOPLE OF THE STATE OF NEW YORK EX REL. DEON ALLEN,
PETITIONER, V TIMOTHY B. HOWARD, SHERIFF OF ERIE COUNTY, RESPONDENT. |
Petitioner having moved, upon the return of an order to show cause granted by the Honorable Salvatore R. Martoche on June 3, 2009, for permission to commence an original proceeding for a writ of habeas corpus as a poor person, and for a writ of habeas corpus,
Now, upon reading and filing the petition of Stephen M. Hughes verified June 3, 2009, said show cause order with proof of service thereof, the opposing affirmation of James W. Carey dated June 9, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is granted, and judgment is directed admitting Deon Allen to bail in the amount of $2,500, and respondent is directed to produce Deon Allen on June 23, 2009 at 9:30 a.m. at Supreme Court, Erie County before Honorable Penny M. Wolfgang, and Deon Allen shall be released upon bail being given in accordance with the Criminal Procedure Law, without prejudice to any subsequent application by the People of the State of New York, if so advised, to seek revocation of bail on notice to petitioner.
Entered: June 15, 2009
Patricia L. Morgan, Clerk