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People (ex rel Sutherland) v. Russo

Relators' Issue Fall Within Exception to Mootness Doctrine, But Habeas Corpus Writs Denied

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Papers Considered:1. Writ of Habeas Corpus, signed January 24, 2018; Petition for Writ of Habeas Corpus, Danielle Neroni Reilly, Esq., dated January 23, 2018, with annexed Exhibit A & B.2. Writ of Habeas Corpus, signed January 25, 2018; Petition for Writ of Habeas Corpus, Shane Hug, Esq., dated January 24, 2018, with annexed Exhibits A & B.3. Certificate Pursuant to CPL 180.80(2)(a), Cheryl A. McDermott, Assistant District Attorney, dated January 25, 2018.For a Judgment Pursuant to Article 70 of the Civil Practice Law and Rules

*1  Relators have petitioned this Court by writ of habeas corpus for their immediate release from custody. The facts adduced upon the return of the writ are as follows: relators were arraigned by Hon. Christopher Maier, Troy City Court, on January 19, 2018 on multiple counts of Criminal Possession of a Weapon in the Second Degree as well as Criminal Possession of Marijuana. They were remanded to the Rensselaer County Jail without bail. A preliminary hearing was scheduled for January 23, 2018. At the conclusion of the hearing, Judge Maier determined that the People had failed to establish reasonable cause to believe that the defendants had committed any felony, and therefore, released the defendants and dismissed the charges. On that same date, a felony complaint was filed against these same defendants, charging them with Criminal Possession of a Weapon in the Third Degree based on the same date, same time and same weapon as was charged in the initial felony complaints, and which were the subject of the January 23, 2018 preliminary hearing.

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