MATTER OF PEOPLE EX REL. FARBMAN v. BRANN

Index No. 450599/21. Ind. No. 3266/19. Appeal No. 14205. Case No. 2021-01087.

197 A.D.3d 1054 (2021)

151 N.Y.S.3d 881

2021 NY Slip Op 05104

In the Matter of the People of the State of New York ex rel. Allen Farbman, on Behalf of Dontez Daniels, Appellant, v. Cynthia Brann, Respondent.

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

Decided September 28, 2021.


Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Michelle Fox of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Danielle Coffey of counsel), for respondent.

Concur—Webber, J.P., Mazzarelli, González, Scarpulla, Pitt, JJ.


The court correctly denied the habeas corpus petition challenging the denial of petitioner's underlying CPL 30.30(2) motion for release from custody (see generally People ex rel. Fischetti v Brann, 166 A.D.3d 29, 38 [1st Dept 2018]). We agree that the motion court (April A. Newbauer, J.) providently exercised its discretion in excluding the initial 31-day adjournment period following the prosecutor's announcement of her intention...

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