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PEOPLE EX REL. WALSH v. GARCIA

147 OP 23-01632.

2024 NY Slip Op 01632

THE PEOPLE OF THE STATE OF NEW YORK EX REL. GERALD T. WALSH, ESQ., ON BEHALF OF PEREZ M. AUGHTRY, Petitioner, v. JOHN GARCIA, ERIE COUNTY SHERIFF, Respondent.

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

Decided March 22, 2024.

Attorney(s) appearing for the Case

ZDARSKY, SAWICKI & AGOSTINELLI LLP, BUFFALO ( GERALD T. WALSH , OF COUNSEL), FOR PETITIONER.

JOHN J. FLYNN , DISTRICT ATTORNEY, BUFFALO ( PAUL J. WILLIAMS, III , OF COUNSEL), FOR Respondent.

PRESENT: WHALEN, P.J., BANNISTER, MONTOUR, OGDEN, AND DELCONTE, JJ.

Proceeding pursuant to CPLR article 70 (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department pursuant to CPLR 7002[b][2]) seeking a writ of habeas corpus.

It is hereby ORDERED that said petition is unanimously denied without costs.

Memorandum:

Petitioner commenced this original proceeding pursuant to CPLR 7002(b)(2) seeking a writ of habeas corpus for the immediate release of Perez M. Aughtry on his own recognizance...

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