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PEOPLE EX REL. LITMAN v. SPANO

2021-06288.

197 A.D.3d 1211 (2021)

151 N.Y.S.3d 623

2021 NY Slip Op 05015

The People of the State of New York ex rel. Michael Litman, on Behalf of Eric Carattini, Petitioner, v. Joseph K. Spano, Respondent.

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

Decided September 20, 2021.

Attorney(s) appearing for the Case

Law Office of Michael D. Litman, PLLC, White Plains, NY (Michael D. Litman, named herein as Michael Litman, pro se of counsel), for petitioner.

John M. Nonna , County Attorney, White Plains, NY ( Christine M. Feimer of counsel), for respondent.

Miriam E. Rocah, District Attorney, White Plains, NY (Brian R. Pouliot and William C. Milaccio of counsel), nonparty pro se.

Chambers, J.P., Barros, Wooten and Dowling, JJ., concur.

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

Contrary to the petitioner's contention, Eric Carattini was charged with qualifying offenses under CPL 510.10(4)(t). He was charged with felony offenses that "arose from conduct occurring" while he was released on his own recognizance on a separate felony charge (CPL 510.10[4][t]). Accordingly, the charged crimes in this case were qualifying offenses...

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