'Deeply disturbing': New York Supreme Court judge rules protesters can be detained indefinitely

[LiberalArkie]

A New York State Supreme Court judge on Thursday rejected a petition seeking the immediate release of hundreds of protesters who had been held by the New York Police Department for more than 24 hours, ruling that extraordinary circumstances justify indefinite detention.

“It is a crisis within a crisis,” wrote Justice James Burke in his ruling. “All writs are denied.”

Burke’s decision was met with alarm by New York lawmakers and activists who immediately condemned the ruling as an unlawful suspension of the right of habeas corpus, which requires the government to justify detention of a person before a court. Hundreds of New Yorkers have been arrested in recent days during mass protests over the May 25 killing of George Floyd at the hands of Minneapolis police officers.

“The NYPD has no excuses with its 38,000 police officers and the best technology in the world, with all the money they are being given. They have no excuse to not process them in a timely manner.”
—Marlen Bodden, Legal Aid Society

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https://www.rawstory.com/2020/06/deeply-disturbing-new-york-supreme-court-judge-rules-protesters-can-be-detained-indefinitely/

[malchickiwick]

1. Just to be clear: in NY the Supreme Court is the trial level court, not the highest court.

So this is essentially just the decision of a district court judge, and thus can be appealed.

https://en.wikipedia.org/wiki/New_York_Supreme_Court

[jorgevlorgan]

4. good to know. thank you so much!

[Ms. Toad]

9. Thanks.

I was just about to jump in to add that.

[Nevilledog]

2. Due Process says what?

[CaliforniaPeggy]

3. That is a horrible miscarriage of justice.

So what do they do next? The USSC?

[NYC Liberal]

6. Fortunately, this is the trial level court in the state, not the usual "Supreme" court. So it'll be

appealed.

Disgusting ruling.

[marybourg]

5. The judge did not rule that anyone can be held "indefinately"

This is now -common headline writer’s hyperbole, magnified by it being a Rawstory” article.

The law mandating release in 24 hours does contain an exception for extraordinary circumstances. The city claimed, and the judge agreed that the court system working from home in the pandemic and then being confronted with mass arrests was indeed an extraordinary circumstance. This is bad for everyone involved, but does not require a sh*t-stirring Rawstory to make it worse.

[LiberalArkie]

8. So as soon as Covid is over they can be released on bail?

[Progressive dog]

7. In NY, the highest court is

the Court of Appeals.