New York Supreme Court October 20, 1998 (People v. Agard)

OPINION OF THE COURT

Seymour Rotker, J.

*629ISSUE PRESENTED

The issue presented in the defendant’s motion is whether the Supreme Court, Queens County, has jurisdiction to order the defendant’s immediate release or, at the very least, grant him bail, notwithstanding the pendency of the People’s petition for rehearing before the United States Court of Appeals, Second Circuit.