X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Zdarsky, Sawicki & Agostinelli LLP, Buffalo (Gerald T. Walsh of Counsel), for Petitioner. John J. Flynn, District Attorney, Buffalo (Paul J. Williams, III, of Counsel), for Respondent. Proceeding pursuant to CPLR article 70 (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department pursuant to CPLR 7002 [b] [2]) seeking a writ of habeas corpus. It is hereby ORDERED that said petition is unanimously denied without costs. Memorandum: Petitioner commenced this original proceeding pursuant to CPLR 7002 (b) (2) seeking a writ of habeas corpus for the immediate release of Perez M. Aughtry on his own recognizance or on reasonable bail pursuant to CPL 30.30 (2) (a). Aughtry was initially arrested on December 3, 2021, and committed into custody on various charges, including one felony charge (initial charges). While Aughtry was in custody on those charges, he was arrested and arraigned on December 9, 2021, on multiple counts of misdemeanor contempt relating to a series of jail telephone calls he made to the victim (misdemeanor charges). The charges were presented to the grand jury, and Aughtry was subsequently arraigned on a four-count indictment on May 10, 2022. Petitioner seeks to have Aughtry released from custody on the ground that the People did not declare readiness for trial within the requisite 90 days pursuant to CPL 30.30 (2) (a). Where a defendant is being held in custody on a felony, the defendant is subject to release on their own recognizance or reasonable bail if the People are not ready for trial within “ninety days from the commencement of [defendant's] commitment to custody . . . in a criminal action wherein the defendant is accused of one or more offenses, at least one of which is a felony” (CPL 30.30 [2] [a]; see People ex rel. Chakwin v. Warden, N.Y. City Correctional Facility, Rikers Is., 63 NY2d 120, 125 [1984]). Here, the record establishes that Supreme Court released Aughtry on his own recognizance pursuant to CPL 180.80 on the initial charges. At that point, Aughtry was being held on the other pending misdemeanor charges and a parole detainer and thus he was no longer “in custody” on the initial charges. We therefore conclude that his contention regarding the initial charges is academic (see generally People ex rel. Luck v. Squires, 173 AD3d 1767, 1767 [4th Dept 2019]; People ex rel. Valentin v. Annucci, 159 AD3d 1391, 1392 [4th Dept 2018], lv denied 31 NY3d 911 [2018]). We have considered petitioner’s remaining contentions and conclude they are without merit.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...


Apply Now ›