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PEOPLE EX REL. SPELKE v. LAROCCA

2022-07805.

208 A.D.3d 1389 (2022)

174 N.Y.S.3d 611

2022 NY Slip Op 05494

The People of the State of New York ex rel. Jenna Spelke, on Behalf of Carlos Rodriguez-Rivera, Petitioner, v. Anthony J. LaRocca, Respondent.

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

Decided September 30, 2022.

Attorney(s) appearing for the Case

N. Scott Banks, Hempstead, NY (Jenna Spelke pro se of counsel), for petitioner.

Anne T. Donnelly , District Attorney, Mineola, NY ( Daniel Bresnahan , Hilda Mortensen , Michael K. Degree , and Kevin King of counsel), for respondent.

Duffy, J.P., Christopher, Dowling and Warhit, JJ. concur.

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

The petitioner has failed to demonstrate entitlement to immediate release (see People ex rel. Rodriguez v Fludd, 180 A.D.3d 734 [2020]). In addition, the bail determination of the Supreme Court, Nassau County, did not violate "constitutional or statutory standards" (People ex rel. Klein v Krueger, 25 N.Y.2d 497, 499 [1969]; see People ex rel. Rosenthal...

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