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PEOPLE EX REL. LEAVITT v. BRANN

2020-04270.

184 A.D.3d 703 (2020)

123 N.Y.S.3d 838

2020 NY Slip Op 03371

The People of the State of New York ex rel. Robin Gordon Leavitt, on Behalf of Rusty Lloyd, Petitioner, v. Cynthia Brann, Respondent.

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

Decided June 15, 2020.

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

Under the circumstances, the petitioner had the burden of demonstrating the propriety of the bail proffer (see CPL 520.30; cf. People ex rel. Francis v Brann, 170 A.D.3d 1254 [2019]; People ex rel. Aidala v Warden, Rikers Is. Corr. Facility, 100 A.D.3d 667 [2012]). The Supreme Court properly determined that the petitioner failed to meet...

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