PEOPLE EX REL. DAVIS v. PONTE

2017-06652.

2017 NY Slip Op 05691

THE PEOPLE OF THE STATE OF NEW YORK, EX REL. SCOTT M. DAVIS, ON BEHALF OF DARRELL BEATTY, Petitioner, v. JAMES PONTE, COMMISSIONER, DEPARTMENT OF CORRECTION, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.


Attorney(s) appearing for the Case

Davis & Gugerty, Forest Hills, NY (Scott M. Davis pro se of counsel), for petitioner.

Zachary W. Carter , Corporation Counsel, New York, NY ( Kimberly M. Joyce of counsel), for respondent.

Richard A. Brown, District Attorney, Kew Gardens, NY (Matthew Luongo of counsel), nonparty pro se.

Before: Ruth C. Balkin, J.P., Robert J. Miller, Joseph J. Maltese, Francesca E. Connolly, JJ.


Writ of habeas corpus in the nature of an application to release Darrell Beatty from the custody of the New York City Department of Correction.

DECISION, ORDER & JUDGMENT

ADJUDGED that the writ is sustained, without costs or disbursements; and it is further,

ORDERED that the respondent is directed to immediately release the detainee, Darrell Beatty, upon service upon him, or his representative, of a certified copy of this decision, order and judgment.

BALKIN, J.P., MILLER, MALTESE and CONNOLLY, JJ., concur.


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