People v Kia Smalls Warden

Motion No: M-6517

Slip Opinion No: 2019 NYSlipOp 68772(U)

Decided on April 25, 2019

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 25, 2019

The People of the State of New York

ex rel. Roberto Marquez,

Petitioner,

v

Kia Smalls, Warden,

Respondent.

The People of the State of New York,Respondent,M-564 v

Roberto Marquez, Petitioner.

-------------------------------------X The above-named petitioner having moved, pro se, in separate motions, for a writ of habeas corpus to be issued from this Court, and for relief in the nature of a Writ of Mandamus and Writ of Prohibition, precluding the State from further prosecuting him on the indictment, and dismissing the charges against him (M-6517/M-564),Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that the motions be and the same hereby are granted only to the extent of transferring the application for a writ of habeas corpus to be heard before a Justice of the Supreme Court of the State of New York, Bronx County, 851 Grand Concourse, Bronx, New York 10451, forthwith, and It is further ordered that service by mail of a copy of the writ of habeas corpus, petition and supporting papers, by the Clerk of this Court, contemporaneous with the entry hereof, upon the Warden at A.M.K.C, Rikers Island, 1818 Hazen Street, East

Elmhurst, New York, 11370, the Attorney General of the State of New York, 120 Broadway, New York, New York 10271, and the District Attorney of Bronx County, 198 East 161st Street, Bronx, New York, 10451, be deemed due and sufficient notice of the proceeding hereby transferred.The motion is otherwise denied, without prejudice to further proceedings. ENTERED: April 25, 2019

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr., Justice Presiding, Rosalyn H. Richter Peter Tom Barbara R. Kapnick Jeffrey K. Oing, Justices

M-6517

Ind. No. 1105/17