People v Cynthia Brann Commissioner New York

Motion No: M-4523

Slip Opinion No: 2018 NYSlipOp 90077(U)

Decided on December 6, 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.

December 6, 2018

The People of the State of New York

ex rel. Ariel Schneller, Esq., on

behalf of Grant Hall,

Petitioner-Appellant,Index No. 451527/18

v

Cynthia Brann, Commissioner, New York

City Department of Correction,

Respondent-Respondent.

An appeal having been taken to this Court by petitioner from the order of the Supreme Court, New York County, entered on or about August 2, 2018, which denied and dismissed petitioner's habeas corpus application, And petitioner-appellant having moved for a reduction in bail, for expedited hearing of the appeal, and for poor person relief and 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 maintaining the interim relief granted by the order of a Justice of this Court, dated August 29, 2018, which, inter alia, set bail at $7,500 or a bond in the amount of $30,000, and it is further, Ordered that poor person relief is granted to the extent of directing that the appeal 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. Pursuant to Section 35 of the Judiciary Law, Justine 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 in accordance with Section 1250.5 of the Rules of the Appellate Division on or before January 28, 2019 for the April 2019 Term. ENTERED:

_____________________ CLERK

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department in the County of New York on December 6, 2018.

Present - Hon. Rolando T. Acosta, Presiding Justice, David Friedman Sallie Manzanet-Daniels Troy K. Webber Anil C. Singh, Justices

M-4523

Ind. No. 1987/18