Opinion
14205 Index No. 450599/21 Ind. No. 3266/19 Case No. 2021-01087
09-28-2021
In the Matter of the PEOPLE of the State of New York EX REL. Allen FARBMAN, on Behalf of Dontez Daniels, Petitioner–Appellant, v. Cynthia BRANN, etc., Respondent–Respondent.
Janet E. Sabel, The Legal Aid Society, New York (Michelle Fox of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Danielle Coffey of counsel), for respondent.
Janet E. Sabel, The Legal Aid Society, New York (Michelle Fox of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Danielle Coffey of counsel), for respondent.
Webber, J.P., Mazzarelli, Gonza´lez, Scarpulla, Pitt, JJ.
Judgment (denominated an order), Supreme Court, New York County (Daniel P. Conviser, J.), entered March 30, 2021, which denied the petition for a writ of habeas corpus and dismissed the proceeding, unanimously affirmed, without costs.
The court correctly denied the habeas corpus petition challenging the denial of petitioner's underlying CPL 30.30(2) motion for release from custody (see generally People ex rel. Fischetti v. Brann, 166 A.D.3d 29, 38, 84 N.Y.S.3d 127 [1st Dept. 2018] ). We agree that the motion court (April A. Newbauer, J.) providently exercised its discretion in excluding the initial 31–day adjournment period following the prosecutor's announcement of her intention to move for a protective order as it constituted "a reasonable period of delay resulting from ... pre-trial motions" within the meaning of CPL 30.30(4)(a). The Court then properly charged the People the remaining 42 days from the control date to the date the motion was finally filed. The motion for a protective order was not "hypothetical," because it was ultimately brought, albeit belatedly ( People v. Reed, 19 A.D.3d 312, 315, 798 N.Y.S.2d 47 [1st Dept. 2005], lv denied 5 N.Y.3d 832, 804 N.Y.S.2d 46, 837 N.E.2d 745 [2005] ; see also People v. David, 253 A.D.2d 642, 647–48, 679 N.Y.S.2d 354 [1st Dept. 1998], lv denied 92 N.Y.2d 948, 681 N.Y.S.2d 479, 704 N.E.2d 232 [1998] ).