Appellate Division: Second Judicial Department

M282757

MB/

BETSY BARROS, J.P.

ANGELA G. IANNACCI

CHERYL E. CHAMBERS

LINDA CHRISTOPHER, JJ.

2021-08232 The People, etc., ex rel. Steven A. Metcalf II and Martin Tankleff, on behalf of Jason Bical, petitioners, v Cynthia Brann, etc., respondent.

DECISION & ORDER ON MOTION

Writ of habeas corpus in the nature of an application to release Jason Bical upon his own recognizance or, in the alternative, to set reasonable bail upon Queens County Indictment No. 70460/2021, which was determined by decision, order and judgment of this Court dated November 23, 2021. Motion by the petitioners, in effect, to amend the decision, order and judgment of this Court to permit Jason Bical to travel to and from work.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted to the extent that the decision, order and judgment of this court dated November 23, 2021, is amended by adding to the provision thereof which imposed a condition that Jason Bical remain confined to his residence, except for visits to his counseling sessions and testing facility, his attorney, his doctors, or court, and must travel directly from his home to his counseling sessions and testing facility, his attorney, his doctors, or court, and directly back to his home, when conducting those visits, the following:

"and Jason Bical may travel to Bical Auto Mall, located at 2859 Flatbush Avenue, Brooklyn, New York, to work up to 10 hours per week, and must travel directly from his home to Bical Auto Mall at 2859 Flatbush Avenue, Brooklyn, New York, and directly back to his home after work"; and it is further,

ORDERED that the motion is otherwise denied.

BARROS, J.P., IANNACCI, CHAMBERS and CHRISTOPHER, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court