People v Joseph Ponte Commissioner New York

Motion No: M-2309

Slip Opinion No: 2017 NYSlipOp 76712(U)

Decided on June 13, 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.

June 13, 2017

The People of the State of New York,

ex rel. Lauren Gottesman, on behalf

of Charles McNeil,

Petitioner-Appellant,

v

Joseph Ponte, Commissioner, New York

City Department of Corrections, et al.,

Respondent-Respondent.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about April 26, 2017,

dismissing a writ of habeas corpus, And, petitioner having moved to be released on his own recognizance, for an expeditious hearing of his appeal, for

poor person relief and for the assignment of counsel, Now, upon reading and filing the papers with respect to

the motion, and a stipulation between the parties, dated May 9, 2017, and due deliberation having been had thereon, it is Ordered that the motion is deemed withdrawn. ENTERED: June 13, 2017

_____________________ CLERK

Present: Hon. Rolando T. Acosta, Presiding Justice, Peter Tom David Friedman John W. Sweeny, Jr. Dianne T. Renwick, Justices

M-2309

Index No. 451070/17