What did the court order?

The court granted the habeas petition in part and set bail with strict conditions; Rosen will be released if he meets the financial and non-financial conditions specified.

Who must comply before Rosen is released?

Rosen must post one of the specified bail options, surrender any passports or provide a sworn statement that he has none and will not apply for any, and sign a sworn statement agreeing to waive opposition to extradition if he leaves the jurisdiction.

What restrictions will Rosen have if released?

He must remain confined to his residence except for direct travel to and from attorney, medical appointments, or court appearances.

Can this decision be appealed?

Yes; as an Appellate Division decision, the parties could seek further review to the Court of Appeals under applicable appellate procedures and time limits.

People ex rel. Preziosi v. Richards

Docket 2026-04017 DECISION, ORDER & JUDGMENT

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

Habeas CorpusGranted

Filed: May 5, 2026 · yesterday
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 02770
Docket: 2026-04017 DECISION, ORDER & JUDGMENT

Writ of habeas corpus seeking release on own recognizance or, alternatively, reasonable bail following indictment in Queens County.

Summary

The Appellate Division, Second Department granted a habeas petition filed on behalf of Jordan Rosen seeking release or reasonable bail on a Queens County indictment. The court sustained the writ and set bail options: a $5,000,000 insurance-company bond, a $5,000,000 partially secured bond with 10% down, or a $500,000 cash bail alternative. Release is conditioned on strict home confinement except for attorney/medical/court visits, surrender (or sworn non-possession) of any passports and refraining from applying for new ones, and a sworn agreement waiving the right to oppose extradition if he leaves the jurisdiction. Once these conditions are met, the jail must release Rosen immediately.

Issues Decided

Whether the petitioner is entitled to release or reasonable bail on Queens County Indictment No. 71261/2025 via a writ of habeas corpus.
What bail amount and conditions are appropriate to ensure community safety and appearance when granting release on bail.

Court's Reasoning

The court concluded that release on bail, rather than continued pretrial detention, was appropriate under the circumstances, provided significant financial and non-financial conditions to protect community safety and ensure appearance. High monetary bonds were set to secure appearance, while strict residence confinement, surrender of passports, and a waiver of extradition opposition address flight risk. Compliance with these conditions was made a prerequisite to immediate release.

Parties

Petitioner: Stephen N. Preziosi on behalf of Jordan Rosen
Respondent: Melinda Katz, District Attorney (respondent pro se and for respondent Stanley Richards)
Respondent: Stanley Richards
Judge: Mark C. Dillon, J.P.
Judge: William G. Ford
Judge: Lourdes M. Ventura
Judge: Elena Goldberg Velazquez

Key Dates

Decision date: 2026-05-05

What You Should Do Next

1
Post bail or deposit cash
Arrange for the chosen bail option: a $5,000,000 insurance bond, a $5,000,000 partially secured bond with 10% down, or deposit $500,000 cash, and deliver proof to the court/DA's office.
2
Surrender passports or provide affidavit
Surrender any passports to the Queens County District Attorney or execute the approved affidavit stating no passport is possessed and that no new passport applications will be made.
3
Execute extradition waiver affidavit
Provide the approved affidavit affirming that if Rosen leaves the jurisdiction he agrees to waive the right to oppose extradition from any foreign jurisdiction.
4
Coordinate release logistics
Once the DA's office has proof of compliance, notify the warden or jail agent to effect immediate release and ensure conditions of home confinement are implemented.

Frequently Asked Questions

What did the court order?: The court granted the habeas petition in part and set bail with strict conditions; Rosen will be released if he meets the financial and non-financial conditions specified.
Who must comply before Rosen is released?: Rosen must post one of the specified bail options, surrender any passports or provide a sworn statement that he has none and will not apply for any, and sign a sworn statement agreeing to waive opposition to extradition if he leaves the jurisdiction.
What restrictions will Rosen have if released?: He must remain confined to his residence except for direct travel to and from attorney, medical appointments, or court appearances.
Can this decision be appealed?: Yes; as an Appellate Division decision, the parties could seek further review to the Court of Appeals under applicable appellate procedures and time limits.

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Full Filing Text

People ex rel. Preziosi v Richards - 2026 NY Slip Op 02770

People ex rel. Preziosi v Richards

2026 NY Slip Op 02770

May 5, 2026

Appellate Division, Second Department

The People of the State of New York, ex rel. Stephen N. Preziosi, on behalf of Jordan Rosen, petitioner,

Stanley Richards, etc., et al., respondents.

Supreme Court of the State of New York, Appellate Division, Second Judicial Department

Decided on May 5, 2026

2026-04017 DECISION, ORDER & JUDGMENT

Mark C. Dillon, J.P.

William G. Ford

Lourdes M. Ventura

Elena Goldberg Velazquez, JJ.

Stephen N. Preziosi, New York, NY, petitioner pro se.

Melinda Katz, District Attorney, Kew Gardens, NY (Jonathan Selkowe, Charles T. Pollak, Johnnette Traill, and Ronald Eniclerico of counsel), respondent pro se and for respondent Stanley Richards.

Writ of habeas corpus in the nature of an application to release Jordan Rosen upon his own recognizance or, in the alternative, to set reasonable bail upon Queens County Indictment No. 71261/2025.

ADJUDGED that the writ is sustained, without costs or disbursements, to the extent that bail upon Queens County Indictment No. 71261/2025 is set in the sum of $5,000,000 posted in the form of an insurance company bail bond, the sum of $5,000,000 posted in the form of a partially secured bond, with the requirement of 10% down, or the sum of $500,000 deposited as a cash bail alternative, on condition that, in addition to posting a bond or depositing the cash alternative set forth above, Jordan Rosen shall (1) remain confined to his residence, except for visits to his attorney, his doctors, or court, and he must travel directly from his attorney, his doctors, or court, and directly back to his home, when conducting those visits; (2) surrender all passports, if any, he may have to the Office of the District Attorney of Queens County, or, if he does not possess a passport, he shall provide to the Office of the District Attorney of Queens County an affidavit or affirmation, in a form approved by the Office of the District Attorney of Queens County, in which he attests that he does not possess a passport, and shall not apply for any new or replacement passports; and (3) provide to the Office of the District Attorney of Queens County an affidavit or affirmation, in a form approved by the Office of the District Attorney of Queens County, in which he attests that if he leaves the jurisdiction he agrees to waive the right to oppose extradition from any foreign jurisdiction; and it is further,

ORDERED that upon receipt of a copy of this decision, order and judgment together with proof that Jordan Rosen (1) has given an insurance company bail bond in the sum of $5,000,000, has given a partially secured bond in the sum of $5,000,000, with the requirement of 10% down, or has deposited the sum of $500,000 as a cash bail alternative; (2) has surrendered all
passports, if any, he may have to the Office of the District Attorney of Queens County, or, if he does not possess a passport, has provided to the Office of the District Attorney of Queens County an affidavit or affirmation, in a form approved by the Office of the District Attorney of Queens County, in which he attests that he does not possess a passport, and shall not apply for any new or replacement passports; and (3) has provided to the Office of the District Attorney of Queens County an affidavit or affirmation, in a form approved by the Office of the District Attorney of Queens County, in which he attests that if he leaves the jurisdiction he agrees to waive the right to oppose extradition from any foreign jurisdiction, the Warden of the facility at which Jordan Rosen is incarcerated, or his or her agent, is directed to immediately release Jordan Rosen from incarceration.

DILLON, J.P., FORD, VENTURA and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph