People ex rel. Salvatore ex rel. Lima v. Department of Corrections

Majority

p. 921

(January 26, 2018)

The People of the State of New York ex rel. Lisa Salvatore, on Behalf of Jose Lima, Petitioner, v Department of Corrections et al., Respondents.

[67 NYS3d 484]

Writ of ha-beas corpus in the nature of an application to release the defendant on his own recognizance or for bail reduction upon Kings County indictment No. 9298/17.

Adjudged that the writ is sustained, without costs or disbursements, to the extent of reducing bail on Kings County

p. 922

indictment No. 9298/17 to a $100,000 bond, which may be posted in the form of a bail bond in that sum, or by depositing the sum of $50,000, as a cash bail alternative, on condition that the defendant surrender any and all passports he may have to the Office of the District Attorney of Kings County and he shall be prohibited from applying for any new or replacement passports; and it is further,

Ordered that upon receipt of a copy of this decision, order and judgment together with proof that the defendant has (1) given a bail bond in the sum of $100,000 or has deposited $50,000 as a cash bail alternative, and (2) surrendered any and all passports he may have to the Office of the District Attorney of Kings County, and has provided the Office of the District Attorney of Kings County with an affidavit attesting that he has not and will not apply for any new or replacement passports, the Warden of the facility at which the defendant is incarcerated, or his or her agent, is directed to immediately release the defendant.

Mastro, J.P., Balkin, Cohen and Duffy, JJ., concur.