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PEOPLE EX REL. TUCKER v. BRANN

2021-00969. Index No. 1/21.

194 A.D.3d 947 (2021)

144 N.Y.S.3d 381

2021 NY Slip Op 03191

The People of the State of New York ex rel. Samantha Tucker, on Behalf of Eriel Rivera, Appellant, v. Cynthia Brann, Respondent.

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

Decided May 19, 2021.

Attorney(s) appearing for the Case

Queens Defenders, Forest Hills, NY (Samantha Tucker, pro se, of counsel), for appellant.

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill , Nancy Fitzpatrick Talcott , and Roni C. Piplani of counsel), for respondent.

Mastro, A.P.J., Rivera, Hinds-Radix and Duffy, JJ., concur.

Ordered that the judgment is affirmed, without costs or disbursements.

The petitioner commenced this proceeding in the Supreme Court for a writ of habeas corpus, seeking the release of Eriel Rivera (hereinafter the defendant) from custody. The defendant had been remanded pursuant to CPL 530.12(11) by the Criminal Court after a hearing on December 22, 2020, at which, over his objection, he appeared electronically. The Supreme Court denied the petition and, in effect...

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