People ex rel. Muscatello v Schriro
2013 NY Slip Op 07756 [111 AD3d 860]
November 20, 2013
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 25, 2013


The People of the State of New York, ex rel. Danielle Muscatello, on Behalf of Kareem Davis, Petitioner,
v
Dora B. Schriro, Respondent.

—[*1] Robert DiDio, Kew Gardens, N.Y. (Danielle Muscatello, pro se, of counsel), for petitioner.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Nancy Fitzpatrick Talcott of counsel), for respondent.

Writ of habeas corpus in the nature of an application for the release of Kareem Davis pursuant to CPL 30.30 (2) (a) upon Queens County indictment No. 2049/12.

Adjudged that the writ is dismissed, without costs or disbursements.

The People are chargeable with less than 90 days of delay in bringing Kareem Davis to trial on Queens County indictment No. 2049/12 (see CPL 30.30 [2] [a]; People v Robinson, 47 AD3d 847 [2008]; cf. People v Wearen, 98 AD3d 535 [2012]; People v Rahim, 91 AD3d 970 [2012]). Accordingly, Kareem Davis is not entitled to release pursuant to CPL 30.30 (2) (a), and the writ of habeas corpus must be dismissed. Balkin, J.P., Lott, Austin and Miller, JJ., concur.