People v Index No. 451335/18 Cynthia Brann Commissioner NewYork City Department of Correction

Motion No: M-4290

Slip Opinion No: 2018 NYSlipOp 87584(U)

Decided on October 30, 2018

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.

October 30, 2018

The People of the State of New York

ex rel. Jane White, Esq., on

behalf of Naseer Shaheed,

Petitioner-Appellant,

v

Index No. 451335/18

Cynthia Brann, Commissioner, NewYork City Department of Correction,

Respondent-Respondent.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about July 19, 2018, which denied and dismissed petitioner's application for a writ of habeas corpus, And petitioner having moved for an order releasing him on his own recognizance or a bail reduction, expediting the aforesaid appeal, granting leave to prosecute the appeal as a poor person, and assigning appellate counsel,And an order of a Justice of this Court entered on

August 23, 2018, having granted petitioner an interim reduction in bail, 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 expediting the appeal by directing counsel to perfect said appeal on or before December 31, 2018, and it is further, Ordered that so much of the motion requesting poor person relief is granted to the extent of permitting the appeal to be heard on the original record and upon a reproduced appellant's

brief, on condition that appellant serve one copy of such brief upon the attorney for respondent and file an original and five

hard copies, and if represented by counsel, one digital copy of

the brief, together with the original record, pursuant to section 1250.9 of the Practice Rules of the Appellate Division. Appellant is permitted to dispense with payment of the required fee for the subpoena and filing of the record. Justine M. Luongo, Esq., The Legal Aid Society, 199 Water Street, 5th Floor, New York, New York 10038, Telephone No. 212-577-3688, is assigned as counsel for petitioner-appellant for purposes of the appeal. The interim relief granted by a Justice of this Court on August 23, 2018 is hereby vacated, and the original bail set by a Judge of the Criminal Court, New York County, on or about May 16, 2018, and continued by a Justice of the Supreme Court, New York County, on or about June 13, 2018, in the amount of $150,000 cash or $200,000 insurance company bond, and the conditions attendant thereto, are reinstated.All concur except Kahn, J., who dissents in part as follows:

KAHN, J. (dissenting in part) In New York, in setting bail, "the only matter of legitimate concern [is] whether any bail or the amount fixed was necessary to insure the defendant's future appearances in court (CPL 510.30, subd 2, par [a])" (Matter of Sardino v State Commn. On Jud. Conduct, 58 NY2d 286, 289 [1983]). To meet Eighth Amendment requirements, "when the Government has admitted that its only interest is in preventing flight, bail must be set by a court at a sum designed to ensure that goal, and no more" (United States v Salerno, 481 US 739, 754 [1987]). Because the interim order of August 23, 2018 in this case meets these standards, I would adhere to its terms. Accordingly, I respectfully dissent from the Court's determination as to bail.ENTERED: October 30, 2018

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Rosalyn H. Richter Marcy L. Kahn Jeffrey K. Oing, Peter H. Moulton Justices

M-4290

Ind. No. 1777/18