People v Kisa Smalls Warden

Motion No: M-3263

Slip Opinion No: 2019 NYSlipOp 79127(U)

Decided on September 10, 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.

September 10, 2019

The People of the State of New York

ex rel. Dwayne Reid,

Petitioner,

v

Kisa Smalls, Warden,

Respondent(s).

The above-named petitioner having moved for, inter alia, a writ of habeas corpus to be issued from this Court, 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 be and the same hereby is granted only to the extent of transferring the proceeding 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 this writ of habeas corpus, petition and supporting papers, by the Clerk of this Court, contemporaneous with the entry hereof, upon the Warden at Anna M. Kross Correctional Center, 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.The motion is otherwise denied. ENTERED: September 10, 2019

_____________________ CLERK

Present - Hon. Judith J. Gische, Justice Presiding, Marcy L. Kahn Jeffrey K. Oing Anil C. Singh Peter H. Moulton, Justices

M-3263

Ind. No. 1736/14