Opinion
2019-02419
03-28-2019
The PEOPLE, etc., EX REL. Grover FRANCIS, on Behalf of Taalib Baxter, Petitioner, v. Cynthia BRANN, Commissioner, Department of Correction, or Any Other Person Having Custody of Taalib Baxter, Respondent.
Janet E. Sabel, Staten Island, N.Y. (Grover Francis pro se of counsel), for petitioner. Michael E. McMahon, District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart and Alexander Fumelli of counsel), for respondent.
Janet E. Sabel, Staten Island, N.Y. (Grover Francis pro se of counsel), for petitioner.
Michael E. McMahon, District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart and Alexander Fumelli of counsel), for respondent.
RUTH C. BALKIN, J.P., JEFFREY A. COHEN, ROBERT J. MILLER, BETSY BARROS, JJ.
DECISION & JUDGMENTWrit of habeas corpus in the nature of an application, inter alia, to release the detainee, Taalib Baxter, upon his posting of an insurance company bail bond in the sum of $50,000.
ADJUDGED that the writ is dismissed, without costs or disbursements.
"At a bail bond source hearing held pursuant to CPL 520.30, the petitioner has the burden of proving by a preponderance of the evidence that the cash or collateral posted to secure a bail bond originates from a legitimate source and is not the fruit of criminal or unlawful conduct" ( People ex rel. Aidala v. Warden, Rikers Is. Corr. Facility, 100 A.D.3d 667, 667, 952 N.Y.S.2d 904 ; see People v. Esquivel, 158 Misc.2d 720, 601 N.Y.S.2d 541 ; see also People ex rel. Savage v. Horn, 56 A.D.3d 806, 870 N.Y.S.2d 45 ). Under the circumstances presented here, the petitioner failed to meet his burden at the bail bond source hearing.The petitioner's remaining contentions are without merit.
BALKIN, J.P., COHEN, MILLER and BARROS, JJ., concur.