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People ex rel. Silberman ex rel. Omatiga v. Department of Corrections

155 A.D.3d 814 Court N.Y. App. Div. Decision date 2017-11-14 English

Judges Hall, J.P., Hinds-Radix, Maltese and Iannacci, JJ., concur.

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p. 814
(November 14, 2017)
The People of the State of New York ex rel. Debora Silberman, on Behalf of Mordecai Omatiga, Petitioner, v Department of Corrections et al., Respondents.
[63 NYS3d 873]

Writ of habeas corpus in the nature of an application to release the defendant on his own recognizance or for bail reduction upon Kings County indictment No. 01154/17.

Adjudged that the writ is sustained, without costs or disbursements, to the extent that bail on Kings County indictment No. 01154/17 is reduced to the sum of $50,000 which may be posted in the form of an insurance company bail bond in that sum or by depositing the sum of $25,000 as a cash bail alternative, and the writ is otherwise dismissed; and it is further,

Ordered that upon receipt of a copy of this decision, order and judgment together with proof that the defendant has given an insurance company bail bond in the amount of $50,000 or has deposited the sum of $25,000 as a cash bail alternative, the Warden of the facility at which the defendant is incarcerated, or his or her agent, is directed to immediately release the defendant.

Hall, J.P., Hinds-Radix, Maltese and Iannacci, JJ., concur.