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PEOPLE EX REL. BRADLEY v. BAXTER

141 OP 21-01482.

203 A.D.3d 1576 (2022)

161 N.Y.S.3d 903

2022 NY Slip Op 01649

The People of the State of New York ex rel. John Bradley, on Behalf of Willie J. Tolbert, Petitioner, v. Todd K. Baxter, Monroe County Sheriff, Respondent.

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

Decided March 11, 2022.

Attorney(s) appearing for the Case

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (BENJAMIN L. NELSON OF COUNSEL), FOR PETITIONER.

Present—Whalen, P.J., Centra, Peradotto, NeMoyer and Winslow, JJ.

It is hereby ordered that said proceeding is unanimously converted to a declaratory judgment action and the action is transferred to Supreme Court, Monroe County, for further proceedings in accordance with the following memorandum: Petitioner commenced this original proceeding pursuant to CPLR 7002(b)(2) seeking a writ of habeas corpus on the ground that his pretrial detention was prohibited by CPL 510.10 and 530.20. The day after...

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