PEOPLE EX REL. FERRO v. BRANN

2021-05850.

197 A.D.3d 787 (2021)

153 N.Y.S.3d 194

2021 NY Slip Op 04897

The People of the State of New York ex rel. Shane Ferro, on Behalf of Maximo Burdier, Petitioner, v. Cynthia Brann, Respondent.

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

Decided August 27, 2021.


Attorney(s) appearing for the Case

Queens Defenders, Forest Hills, NY (Shane Ferro pro se of counsel), for petitioner.

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill , Sharon Y. Brodt , and Hannah X. Scotti of counsel), for respondent.

Austin, J.P., Christopher, Wooten and Ford, JJ., concur.


Adjudged that the writ is sustained, without costs or disbursements, and the matter is remitted to the Supreme Court, Queens County, to set reasonable bail or to release Maximo Burdier on his own recognizance, and to fix such other terms and conditions upon the release of Maximo Burdier as may seem to it to be just and proper.

A defendant making a motion pursuant to CPL 30.30 to dismiss an indictment has the initial burden of demonstrating, by sworn allegations of...

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