People ex rel. Boksenbaum v. Richards
Docket 2026-04010
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- New York
- Court
- Appellate Division of the Supreme Court of the State of New York
- Type
- Opinion
- Case type
- Habeas Corpus
- Disposition
- Granted
- Citation
- 2026 NY Slip Op 02769
- Docket
- 2026-04010
Writ of habeas corpus challenging denial of release on a partially secured surety bond in connection with a Queens County indictment
Summary
The Appellate Division granted a habeas petition and ordered the immediate release of detainee Mabel Naira upon posting a partially secured surety bond of $25,000 with 10% down. The court held that the trial court erred by disapproving the bond solely because the obligor lacked sufficient income. The appellate court relied on statutory provisions and precedent limiting a court's grounds for rejecting bail and directed the warden to release Naira once proof of the prescribed bond is provided.
Issues Decided
- Whether the trial court properly disapproved a partially secured surety bond because the obligor lacked sufficient income
- Whether the petitioner is entitled to release upon posting a partially secured $25,000 surety bond with 10% down
Court's Reasoning
The Appellate Division found that the Supreme Court erred in disapproving the bond based on the obligor's income alone, relying on statutory guidance and controlling precedent which limit when bail may be rejected for insufficiency of security. Because the statutory requirements for a partially secured surety bond were met and the trial court's sole ground for rejection was improper, the court ordered release upon posting the specified bond.
Authorities Cited
- CPL 510.40(2)
- People ex rel. Prieston v Nassau County Sheriff's Dept.34 NY3d 177
Parties
- Petitioner
- People of the State of New York, ex rel. Anna Boksenbaum, on behalf of Mabel Naira
- Respondent
- Stanley Richards
- Judge
- Betsy Barros, J.P.
- Attorney
- Melinda Katz, District Attorney (Grace C. O'Brien, Johnnette Traill, Charles T. Pollak of counsel)
- Attorney
- Twyla Carter (Anna Boksenbaum pro se of counsel)
Key Dates
- Decision date
- 2026-05-04
What You Should Do Next
- 1
Post the bond and provide proof
Ensure the partially secured surety bond in the sum of $25,000 with 10% down is posted and obtain documentation proving the bond has been posted to deliver to the warden or their agent.
- 2
Notify the facility warden
Provide the warden with a copy of this decision and proof of the posted bond so the warden can immediately release Mabel Naira as ordered.
- 3
Consult counsel about further appeals
If the prosecution wishes to challenge the Appellate Division's order, consult appellate counsel promptly to consider whether to seek leave to appeal to a higher court.
Frequently Asked Questions
- What did the court decide?
- The court ordered that Mabel Naira must be released from custody once she posts a partially secured surety bond of $25,000 with 10% down, because the lower court improperly rejected the bond based solely on the obligor's income.
- Who does this affect?
- This affects detainee Mabel Naira and the person or entity posting the surety bond for her release, as well as the facility warden responsible for carrying out the release.
- What happens next?
- Once proof that the $25,000 partially secured bond with 10% down has been posted is provided, the warden must immediately release Naira from incarceration.
- Can this decision be appealed?
- The decision is by the Appellate Division; further appellate review (for example, to the Court of Appeals) would depend on preserving appellate rights and any applicable standards for leave to appeal.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
People ex rel. Boksenbaum v Richards - 2026 NY Slip Op 02769 People ex rel. Boksenbaum v Richards 2026 NY Slip Op 02769 May 4, 2026 Appellate Division, Second Department The People of the State of New York, ex rel. Anna Boksenbaum, on behalf of Mabel Naira, petitioner, v Stanley Richards, etc., respondent. Supreme Court of the State of New York, Appellate Division, Second Judicial Department Decided on May 4, 2026 2026-04010 Betsy Barros, J.P. Valerie Brathwaite Nelson Laurence L. Love Susan Quirk, JJ. Twyla Carter, New York, NY (Anna Boksenbaum pro se of counsel), for petitioner. Melinda Katz, District Attorney, Kew Gardens, NY (Grace C. O'Brien, Johnnette Traill, and Charles T. Pollak of counsel), for respondent. Writ of habeas corpus in the nature of an application for the release of the detainee, Mabel Naira, upon her posting of a partially secured surety bond in the sum of $25,000, with the requirement of 10% down, on Queens County Indictment No. 74468/2025. ADJUDGED that the writ is sustained, without costs or disbursements; and it is further, ORDERED that upon receipt of a copy of this decision, order and judgment together with proof that Mabel Naira has posted a partially secured surety bond in the sum of $25,000, with the requirement of 10% down, the Warden of the facility at which Mabel Naira is incarcerated, or his or her agent, is directed to immediately release Mabel Naira from incarceration. The Supreme Court erred in disapproving the bail on the ground that the obligor posting the partially secured bond lacked sufficient income to secure the bond ( see CPL 510.40[2]; see generally People ex rel. Prieston v Nassau County Sheriff's Dept. , 34 NY3d 177). BARROS, J.P., BRATHWAITE NELSON, LOVE and QUIRK, JJ., concur. ENTER: Darrell M. Joseph