People v Joseph Ponte Commissioner New

Motion No: M-3444

Slip Opinion No: 2017 NYSlipOp 64739(U)

Decided on February 21, 2017

Appellate Division, First 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.

February 21, 2017

The People of the State of New York

ex rel. Daniel Stern, Esq., on

behalf of Stephen Baez,

Petitioner-Appellant, SCID No. 30123/16

v

Joseph Ponte, Commissioner, New

York City Department of Corrections,

Respondent-Respondent.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about June 23, 2016, And, petitioner having moved for a reduction of bail, pending appeal of the denial of his habeas corpus petition, leave to prosecute same as a poor person, the assignment of counsel and for other relief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, it is Ordered that the motion is granted to the extent of maintaining the order of a Justice of this Court dated July 15, 2016, which returned the original bail status and conditions in the form of $25,000 insurance company bond, or cash bail. Petitioner may remain released on his original bail. So much of the motion seeking poor person relief is granted to the extent of assigning Seymour W. James, Jr., Esq., 199 Water Street, 5th Floor, New York, New York 10038, Telephone No. 212-577-3688, as

counsel for petitioner-appellant for purposes of the appeal.

Counsel is directed to perfect said appeal on or before March 20, 2017 for the June 2017 Term.ENTERED: February 21, 2017

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta,Justice Presiding, Dianne T. Renwick Karla Moskowitz Paul G. Feinman Ellen Gesmer, Justices

M-3444

Index No. 450737/16