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Appellate Division, Second Department: October 7, 2022

Handdown released on:September 30, 2022

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By Duffy, J.P., Christopher, Dowling, Warhit, JJ. THE PEOPLE, ETC., EX REL. JENNA SPELKE, ON BEHALF OF CARLOS RODRIGUEZ RIVERA, pet, v. ANTHONY J. LAROCCA, ETC., res. N. Scott Banks, Hempstead, NY (Jenna Spelke pro se of counsel), for petitioner. Anne T. Donnelly, District Attorney, Mineola, NY (Daniel Bresnahan, Hilda Mortensen, Michael K. Degree, and Kevin King of counsel), for respondent. Writ of habeas corpus in the nature of an application for the immediate release of Carlos Rodriguez Rivera, who is incarcerated in the Nassau County Correctional Center, or, in the alternative, to release him upon his own recognizance or to set reasonable bail upon Nassau County Superior Court Information No. 941N/2021. ADJUDGED that the writ is dismissed, without costs or disbursements. The petitioner has failed to demonstrate entitlement to immediate release (see People ex rel. Rodriguez v. Fludd, 180 AD3d 734). In addition, the bail determination of the Supreme Court, Nassau County, did not violate “constitutional or statutory standards” (People ex rel. Klein v. Krueger, 25 NY2d 497, 499; see People ex rel. Rosenthal v. Wolfson, 48 NY2d 230). DUFFY, J.P., CHRISTOPHER, DOWLING and WARHIT, JJ., concur.

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