THE PEOPLE OF THE STATE OF NEW YORK ex rel. JOSEPH R. BENFANTE, on Behalf of JAMES RUSSELL, Petitioner, v WARDEN OF RIKERS ISLAND DETENTION FACILITY, Respondent.
Richmond County indictment No. 163/05
Appellate Division of the Supreme Court of New York, Second Department
November 7, 2005
803 N.Y.S.2d 443
Adjudged that the writ is dismissed, without costs or disbursements.
The determination of the Supreme Court, Kings County, was not an improvident exercise of discretion, and did not violate “constitutional or statutory standards” (People ex rel. Klein v Krueger, 25 NY2d 497, 499 [1969]; see People ex rel. Rosenthal v Wolfson, 48 NY2d 230 [1979]). Crane, J.P., Mastro, Rivera and Spolzino, JJ., concur.