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Appellate Division, Second Department: March 13, 2024

Handdown released on:March 11, 2024

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By Connolly, J.P.; Maltese, Ford, Love, JJ.

THE PEOPLE, ETC., EX REL. DANIELLE WELCH, ON BEHALF OF CHRISTOPHER ORTIZ, pet, v. LYNELLE MAGINLEY-LIDDIE, ETC., res. Twyla Carter, Kew Gardens, NY (Danielle Welch pro se of counsel), for petitioner. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Nancy Fitzpatrick Talcott, Corey Reisman, and Christine Occhiogrosso of counsel), for respondent. Writ of habeas corpus in the nature of an application to release Christopher Ortiz upon his own recognizance or, in the alternative, to set reasonable bail upon Queens County Indictment No. 74782/2023. ADJUDGED that the writ is dismissed, without costs or disbursements. Contrary to the petitioner’s contentions, Christopher Ortiz was charged with qualifying offenses under CPL 510.10(4)(t). He was charged with felony offenses that “arose from conduct occurring” while he was “released under conditions” of monetary bail on separate felony charges (id.). The petitioner’s contention that CPL 510.10(4)(t) does not apply in this case because Christopher Ortiz was released on bail and that statute applies to people “released on [their] own recognizance [or] released under conditions,” presents a question of pure statutory interpretation.

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