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PEOPLE EX REL. FRANCIS v. BRANN

2019-02419.

170 A.D.3d 1254 (2019)

95 N.Y.S.3d 540

2019 NY Slip Op 02440

The People of the State of New York ex rel. Grover Francis, on Behalf of Taalib Baxter, Petitioner, v. Cynthia Brann, Commissioner, Department of Correction, or Any Other Person Having Custody of Taalib Baxter, Respondent.

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

Decided March 28, 2019.

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

"At a bail bond source hearing held pursuant to CPL 520.30, the petitioner has the burden of proving by a preponderance of the evidence that the cash or collateral posted to secure a bail bond originates from a legitimate source and is not the fruit of criminal or unlawful conduct" (People ex rel. Aidala v Warden, Rikers Is. Corr. Facility, 100 A.D.3d 667

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