People ex rel. Boksenbaum v Richards
2026 NY Slip Op 02769 [249 AD3d 647]
May 4, 2026
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
As corrected through Wednesday, July 8, 2026
The People of the State of New York ex rel. Anna Boksenbaum, on Behalf of Mabel Naira, Petitioner,
v
Stanley Richards, Respondent.
(May 4, 2026)
HEADNOTES
Habeas Corpus — When Remedy Available — Sufficiency of Income to Secure Bail Bond
APPEARANCES OF COUNSEL
Twyla Carter, New York, NY (Anna Boksenbaum pro se of counsel), for petitioner.
Melinda Katz, District Attorney, Kew Gardens, NY (Grace C. O'Brien, Johnnette Traill, and Charles T. Pollak of counsel), for respondent.
Writ of habeas corpus in the nature of an application for the release of the detainee, Mabel Naira, upon her posting of a partially secured surety bond in the sum of $25,000, with the requirement of 10% down, on Queens County indictment No. 74468/2025.
Adjudged that the writ is sustained, without costs or disbursements; and it is further,
Ordered that upon receipt of a copy of this decision, order and judgment together with proof that Mabel Naira has posted a partially secured surety bond in the sum of $25,000, with the requirement of 10% down, the Warden of the facility at which Mabel Naira is incarcerated, or his or her agent, is directed to immediately release Mabel Naira from incarceration.
The Supreme Court erred in disapproving the bail on the ground that the obligor posting the partially secured bond lacked sufficient income to secure the bond (see CPL 510.40 [2]; see generally People ex rel. Prieston v Nassau County Sheriff's Dept., 34 NY3d 177 [2019]). Barros, J.P., Brathwaite Nelson, Love and Quirk, JJ., concur.