People v New York County District Attorney Cyrus Vance by Assistant District Attorney

Motion No: M-1543

Slip Opinion No: 2020 NYSlipOp 65802(U)

Decided on April 30, 2020

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 30, 2020

The People of the State of New York

ex rel. Lawrence P. LaBrew, Esq., on

behalf of Marvin Hayes,

Petitioner,

v

New York County District Attorney Cyrus

Vance, by Assistant District Attorney

Lauren Breen, and Ms. Cynthia Brann,

Commissioner of New York City Department

of Corrections,

Respondents.

An application having been made by petitioner, inter alia, for a writ of habeas corpus to be issued from this Court, Now, upon reading and filing the papers with respect to the application, and due deliberation having been had thereon,It is ordered that the application be and the same hereby is granted only to the extent of transferring the proceeding for a writ of habeas corpus to be heard before a Justice of the Supreme Court of the State of New York, New York County, 60 Centre Street, New York, New York, forthwith (see CPLR 7002[b][5]), 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 District Attorney of New York County, 1 Hogan Place, New York, New York 10013, the Attorney General of the State of New York, 120 Broadway, New York, New York 10271 and the Warden at A.M.K.C. Rikers Island Department of Corrections, 1818 Hazen Street, East Elmhurst, NY 11370 be deemed due and sufficient notice. The application is otherwise denied. ENTERED: APRIL 23, 2020

___________________ CLERK

PRESENT: Hon. Rolando T. Acosta,Presiding Justice, David Friedman Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels, Justices

M-1543

Ind. No. 2744/19