People v NYSID # 02868876Y Warrant # 750870

Motion No: M-554

Slip Opinion No: 2017 NYSlipOp 69420(U)

Decided on April 4, 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.

April 4, 2017

The People of the State of New York

ex rel. Mauro Gutierrez,

Petitioner, B & C #241-16-07902

v

NYSID # 02868876Y

Warrant # 750870

NYS Department of Corrections, and

Warden of Vernon C. Bain Facility,

Respondents.

The above-named petitioner having moved for, inter alia, a writ of habeas corpus to be issued from this Court, 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 be and the same hereby is granted only to the extent of transferring the proceeding to and be heard before a Justice of the Supreme Court of the State of New York, Bronx County, 851 Grand Concourse, Bronx, NY 10451, forthwith, and It is further ordered that service by mail of a copy of this writ of habeas corpus, petition and supporting papers, by the Clerk of this Court, contemporaneous with the entry hereof, upon the Warden at Vernon C. Bain Facility; the Attorney General of the State of New York, 120 Broadway, New York, New York 10271; and the District Attorney of Bronx County, be deemed due and sufficient notice. The motion is otherwise denied. Entered: April 4, 2017 CLERK

Present: Hon. David Friedman, Justice Presiding, Richard T. Andrias Paul G. Feinman Barbara R. Kapnick Ellen Gesmer, Justices

M-554