Opinion
2021–06288
09-20-2021
The PEOPLE, etc., EX REL. Michael LITMAN, on behalf of Eric Carattini, petitioner, v. Joseph K. SPANO, etc., respondent.
Law Office of Michael D. Litman, PLLC, White Plains, N.Y. (Michael D. Litman, named herein as Michael Litman, pro se of counsel), for petitioner. John M. Nonna, County Attorney, White Plains, N.Y. (Christine M. Feimer of counsel), for respondent. Miriam E. Rocah, District Attorney, White Plains, N.Y. (Brian R. Pouliot and William C. Milaccio of counsel), nonparty pro se.
Law Office of Michael D. Litman, PLLC, White Plains, N.Y. (Michael D. Litman, named herein as Michael Litman, pro se of counsel), for petitioner.
John M. Nonna, County Attorney, White Plains, N.Y. (Christine M. Feimer of counsel), for respondent.
Miriam E. Rocah, District Attorney, White Plains, N.Y. (Brian R. Pouliot and William C. Milaccio of counsel), nonparty pro se.
CHERYL E. CHAMBERS, J.P., BETSY BARROS, PAUL WOOTEN, DEBORAH A. DOWLING, JJ.
DECISION & JUDGMENT
Writ of habeas corpus in the nature of an application to release Eric Carattini upon his own recognizance or, in the alternative, to set reasonable bail upon Westchester County Indictment No. 2021–0277.
ADJUDGED that the writ is dismissed, without costs or disbursements.
Contrary to the petitioner's contention, Eric Carattini was charged with qualifying offenses under CPL 510.10(4)(t). He was charged with felony offenses that "arose from conduct occurring" while he was released on his own recognizance on a separate felony charge ( CPL 510.10[4][t] ). Accordingly, the charged crimes in this case were qualifying offenses under CPL 510.10(4)(t).
In addition, the bail determination of the Supreme Court, Westchester County, did not violate "constitutional or statutory standards" ( People ex rel. Klein v. Krueger, 25 N.Y.2d 497, 499, 307 N.Y.S.2d 207, 255 N.E.2d 552 ; see People ex rel. Rosenthal v. Wolfson, 48 N.Y.2d 230, 233, 422 N.Y.S.2d 55, 397 N.E.2d 745 ).
CHAMBERS, J.P., BARROS, WOOTEN and DOWLING, JJ., concur.