People v Index No. 250249/18 Cynthia Brann Commissioner New York

Motion No: M-5345

Slip Opinion No: 2018 NYSlipOp 89436(U)

Decided on November 27, 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.

November 27, 2018

The People of the State of New York

ex rel. Michelle McGrath, Esq.,

on behalf of Saikou Sumareh,

Petitioner-Appellant,

v

Index No. 250249/18

Cynthia Brann, Commissioner, New York

City Department of Correction,

Respondent-Respondent.

An appeal having been taken to this Court from the judgment of the Supreme Court, Bronx County, entered on or about October 17, 2018, which denied and dismissed petitioner-appellant's application for a writ of habeas corpus, And petitioner-appellant having moved for an order releasing appellant on his own recognizance or, in the alternative, reducing bail to an appropriate amount and form, pending hearing and determination of the appeal, for expedited hearing of the appeal, for leave to prosecute the appeal as a poor person, and for the assignment of counsel, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that said motion 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 serves one copy of such brief upon the Attorney General of the State of New York and files an original, five hard copies and, and if represented by counsel, one digital copy of such 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 the payment of the required fee for subpoena and filing of the recordJustine M. Luongo, Esq., 199 Water Street, 5th Floor, New York, New York 10038, Telephone No. 212-577-3688, is assigned as counsel for appellant for purposes of the appeal. Counsel is directed to perfect the appeal on or before February 20, 2019 for the April 2019 term. The motion is otherwise denied. ENTERED: November 27, 2018

_______________ CLERK

Present - Hon. John W. Sweeny, Jr., Justice Presiding, Sallie Manzanet-Daniels Judith J. Gische Peter Tom Peter H. Moulton, Justices

M-5345

Ind. No. 1682/18