Opinion
2020–02928
04-09-2020
The PEOPLE, etc., EX REL. Christina M. DIECKMANN, on behalf of Delon Hughes, petitioner, v. WARDEN, WEST FACILITY, etc., respondent.
Brooklyn Defender Services, Brooklyn, NY (Christina M. Dieckmann pro se of counsel), for petitioner. Eric Gonzalez, District Attorney, Brooklyn, NY (Gwen Barnes, Ann Bordley, and Leonard Joblove of counsel), for respondent.
Brooklyn Defender Services, Brooklyn, NY (Christina M. Dieckmann pro se of counsel), for petitioner.
Eric Gonzalez, District Attorney, Brooklyn, NY (Gwen Barnes, Ann Bordley, and Leonard Joblove of counsel), for respondent.
ALAN D. SCHEINKMAN, P.J., SYLVIA O. HINDS–RADIX, JOSEPH J. MALTESE, ANGELA G. IANNACCI, JJ.
DECISION & JUDGMENT
Writ of habeas corpus in the nature of an application to release Delon Hughes on his own recognizance or for bail reduction upon Kings County Indictment Nos. 962/19 and 2240/19.
ADJUDGED that the writ is dismissed, without costs or disbursements.
The most recent bail determination 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, 422 N.Y.S.2d 55, 397 N.E.2d 745 ).
To the extent that the petitioner contends that Delon Hughes's detention is illegal because he is being detained with a deliberate indifference to unsafe conditions and to his medical needs, this claim raises questions of fact that are more appropriately considered in the first instance by the Supreme Court, which can hold evidentiary hearings and whose findings of fact and conclusions of law may be reviewed on an appropriate appellate record (see People ex rel. Grossfeld v. Brann, 182 A.D.3d 556, 120 N.Y.S.3d 633 [decided herewith] ).
Accordingly, we dismiss the writ.
SCHEINKMAN, P.J., HINDS–RADIX, MALTESE and IANNACCI, JJ., concur.