People ex rel. Pezzullo v. Arteta

Summary

The Appellate Division, Second Department dismissed a writ of habeas corpus seeking the release of Yashua T. Martin on his own recognizance. The court held that the charged felony arose from conduct occurring while Martin was released on his own recognizance on separate felony charges, making the offenses qualifying offenses under CPL 510.10(4)(t).

Holdings

1. The charged crimes qualified under CPL 510.10(4)(t) because the People established that Martin was charged with a felony offense arising from conduct occurring while he was released on his own recognizance on separate felony charges.
2. The writ of habeas corpus was dismissed.

Questions Presented

1. Whether Martin was charged with qualifying offenses under CPL 510.10(4)(t).
2. Whether the habeas corpus writ seeking Martin's release upon his own recognizance should be granted.

Disposition

dismissed