People v Cynthia Brann Commissioner New

Motion No: M-2343

Slip Opinion No: 2020 NYSlipOp 69899(U)

Decided on August 13, 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.

August 13, 2020

The People of the State of New York

ex rel Timothy J. White, Esq., on

behalf of David Garrido,

Petitioner-Appellant,

v

Cynthia Brann, Commissioner, New

York City Department of Correction,

Respondent-Respondent.

An appeal having been taken to this Court from the judgment of the Supreme Court, New York County, entered on or about

July 13, 2020, which denied petitioner's application for a writ of habeas corpus, And petitioner-appellant having moved to stay his extradition to the State of New Jersey, pending hearing and determination of the appeal. Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, it isOrdered that the motion is denied. The interim relief granted by order of a Justice of this Court, dated July 24, 2020, is hereby vacated. ENTERED: AUGUST 13, 2020

_____________________ CLERK

Present - Hon. Rolando T. Acosta, Presiding Justice, Judith J. Gische Troy K. Webber Ellen Gesmer Jeffrey K. Oing, Justices

M-2343

Index No. 30114/20