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PEOPLE EX REL. MOLINARO v. WARDEN

2021-02956. Index No. 142/21.

195 A.D.3d 885 (2021)

150 N.Y.S.3d 123

2021 NY Slip Op 03867

The People of the State of New York ex rel. Sara Molinaro, on Behalf of Wei Li, Appellant, v. Warden, Rikers Island, Respondent.

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

Decided June 16, 2021.

Attorney(s) appearing for the Case

Brooklyn Defender Services, Brooklyn, NY (Sara Molinaro pro se of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove , Julian Joiris , David C. Kelly , Sara Dayan , and Charles Harary of counsel), for respondent.

Rivera, J.P., Hinds-Radix, Connolly and Wooten, JJ., concur.

Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is granted, the writ is sustained, and, upon receipt of a copy of this decision and order, the Warden of the facility at which Wei Li is incarcerated, or the Warden's agent, is directed to immediately release Wei Li.

By misdemeanor complaint dated April 5, 2021, Wei Li was accused of committing various offenses. On April 9, 2021, Wei Li appeared virtually for his arraignment...

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