People ex rel. Rodriguez v. Fludd , 2020 NY Slip Op 926 ( 2020 )

People ex rel. Rodriguez v Fludd (2020 NY Slip Op 00926)

People ex rel. Rodriguez v Fludd

2020 NY Slip Op 00926

Decided on February 7, 2020

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 7, 2020 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
ALAN D. SCHEINKMAN, P.J.
REINALDO E. RIVERA
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.

2020-00563

[*1]The People of the State of New York, ex rel. Edwin Rodriguez, petitioner,

v

Vera Fludd, Sheriff of Nassau County, respondent.

N. Scott Banks, Hempstead, NY (Madeline A. Rasmussen of counsel), for petitioner.

Madeline Singas, District Attorney, Mineola, NY (John B. Latella and Hilda Mortensen of counsel), for respondent.

DECISION & JUDGMENT

Writ of habeas corpus in the nature of an application directing the immediate release of the petitioner, who is incarcerated in the Nassau County Correctional Center.

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

The petitioner has failed to demonstrate his entitlement to immediate release (see People ex rel. Douglas v Vincent , 50 NY2d 901, 903).

SCHEINKMAN, P.J., RIVERA, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court