STATE OF NEW YORK COUNTY COURT COUNTY OF RENSSELAER ‘The People of the State of New York on Relation of JOSEPH M. AHEARN, ESQ. Assistant Rensselaer County Conflict Defender Acting on Behalf of ROY SANDERS (12/23/89) Petitioner PETITION FOR against WRIT OF HABEAS CORPUS. Jack Mahar; Sheriff of the County of Rensselaer, Respondent. TO: Jack Mahar, Sheriff of Rensselaer County ‘The petition of JOSEPH M. AHEARN, ESQ, shows that; 1. That I am an attomey duly licensed to the practice of law in the State of New York, That I am employed as an Assistant Conilit Defender for the County of Rensselaer and have been assigned to represent ROY SANDERS with respect to criminal charges pending inthe County of Rensselaer, 2. This petition is made on behalf of ROY SANDERS, who is detained by Sherift Jack Mahar at the Rensselaer County Jal 3. The cause or pretense ofthe detention, according to the best knowledge and beet Df the petitioner i, petitioner was arested on or about February 18, 2011 and arraigned in the Troy City Court and charged with the crimes of Attempted Murder in the Second Degree, in violation of Sections 110.00 and 125.25(2) of the Penal Law, Assault in the First Degree, in violation of Section 120.10(1) of the Penal Lav, Menscing in the Second Degree, in violation of Section 120.14{1) of the Penal Law, Resisting Arrest, in violation of Section 205.30 ofthe Penal Law and Unlawful Possession of Marijuana in violation of Seotion 221.05 of the Penal Lav, 4. On or about Februmy 24, 2011, defendant waived his right to a preliminary hearing in exchange for an offer of a five year determinate sentence. Defendant was thereafter remanded tothe custody of the Sheriff 5, The defendant hes been continuously incarcerated since his arrest on February 18, 20116. Upon information and belief, the matter has not been presented tothe grand jury. 7. Pursuant to Section 190.80 of the Ctiminal Procedure Law, this wrt is sought because of an illegal detention, the nature of illegality being Petitioner has been incarcerated for @ period af time in excess of 45 days since the preliminary hearing date of February 24, 2010 without any presentation to the Grand Jury within that time period, To date, approximately sixty-one (61) days have elapsed without grand jury action, 8, That a Court or judge of the United States does not have exclusive jutisdietion to ander the release of said person, WHEREFORE, your pesioner pays that 2 wt of bens cous isu, deste tothe respondent, reqting the respontent a pradype ROY SANDERS before Justice ofthis coun aa Spel Term, theet onthe 2'ay of Api 2011 DATED: April 26, 2011 Troy, New York Affirmed under penalties of perjury this 26th day of 4 2-1 Qb— ‘SANDRA J. MeCARTHY Rensselaer County Conflict Defender Joseph M. Ahearn, Of Counsel ‘Attorney for Defendant Office & P20. Addess 61 State Street, ‘Tray, New York 12180 (618) 270-2802,STATE OF NEW YORK —_) COUNTY OF RENSSELAER ) CITY OF TROY ) JOSEPH M. AHEARN, FSQ,, being duly swom, deposes and says that he is the pattioner in the within proceeding; that he has read the foregoing petition and knows the contents thereof; that the same is true to his own knowledge, except a5 to the matter therein stated to be alleged on information and belief, and that as to those matters he tellves tobe te. 4a Op PHM. AHEARN Swot dele me tS ay, Bowl & sere We rmsion Exes feb ci Ree un Serdy onkySTATE OF NEW YORK COUNTY COURT COUNTY OF RENSSELAER ‘The People fe of New York On Relation of JOSEPH M. AHEARN, Esq, "Assistant Conflict Defender, ‘Acting On Behalf of 930470 ROY SANDERS (12/23/89) Petitioner, WRIT OF -against- HABEAS CORPUS Jack Mahar, Sheriff of the County of Rensselaer, Respondent. ‘upon relation of JOSEPH M. AHEARN, Esq. WE COMMAND YOU, that you have and produce the body of ROY SANDERS (12238189) by you imprisoned and detained as i is said, together with your full tur to this wit and the time and cause of such imprisonment and detention, by whatsoever name the said person shall be called or charged hefe the Hon, Robert M, Jacn, Justice ofthe County Cou of the County of Rensselaer at Troy, New York inthe Court House thereof onthe aga Of April, 2011 at O40 o'clock in the f(g. noom to do and reeeive what hall then and here be considered concerning the said person and have you then and there this wit 7 Oe day of April, 2011. SANDRA J. MeCARTHY Conflict Defender x Attorney for Defendant Office & P.O. Address 61 State Street ‘Troy, New York 12180 (518) 270-2802 _-Gosep M. Ahearn, of counsel) This within writ is hereby allowed this 2G Hon. Robert ML Jacon County Court Judge