People v Warden A.M.K.C. Rikers Island

Motion No: M-8123

Slip Opinion No: 2019 NYSlipOp 86169(U)

Decided on December 17, 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.

December 17, 2019

The People of the State of New York

ex rel. Francisco German-DeJesus,

Petitioner-Appellant,

v

Warden, A.M.K.C., Rikers Island,

Respondent-Respondent.

The above-named petitioner, pro se, having moved for, inter alia, a writ of habeas corpus to be issued from this Court, and poor person relief,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 the Supreme Court of the State of New York, County of New York, to be heard before a Justice thereof, 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 A.M.K.C. Rikers Island, Department of Corrections; the Attorney General of the State of New York, 28 Liberty Street, New York, NY 10005; and the District Attorney of New York County, be deemed sufficient notice. This order is without prejudice to further proceedings regarding the related relief.ENTERED: December 17, 2019

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, Troy K. Webber Ellen Gesmer Cynthia S. Kern, Justices

M-8123

Ind. No. 1143N/18