People ex rel. Doggett v. Levy

Appellate Division of the Supreme Court of New York

People ex rel. Doggett v. Levy

172 A.D.2d 273

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 11, 1991

StatusPublished

This text of 172 A.D.2d 273 (People ex rel. Doggett v. Levy) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. Doggett v. Levy, 172 A.D.2d 273 (N.Y. Ct. App. 1991).

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Opinion

Judgment, Supreme Court, Bronx County (Burton Hecht, J.), entered November 21, 1989, dismissing petitioner Clyde Doggitt’s pro se writ of habeas corpus, unanimously affirmed, without costs.

Although petitioner contends that Justice Hecht should not have heard the petition since Justice Hecht previously set bail, petitioner waived this contention as he never requested that the petition be referred to another Justice (CPLR 4017). Further, this argument has no merit as CPLR 7002 (b) (5) does not proscribe the same Justice who originally set bail from reviewing the petition for a writ. Also, petitioner’s contention that Justice Hecht did not address the issue of whether bail was excessive is without merit. Concur—Milonas, J. P., Ross, Kassal, Smith and Rubin, JJ.

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Judgment, Supreme Court, Bronx County (Burton Hecht, J.), entered November 21, 1989, dismissing petitioner Clyde Doggitt’s pro se writ of habeas corpus, unanimously affirmed, without costs.

Although petitioner contends that Justice Hecht should not have heard the petition since Justice Hecht previously set bail, petitioner waived this contention as he never requested that the petition be referred to another Justice (CPLR 4017). Further, this argument has no merit as CPLR 7002 (b) (5) does not proscribe the same Justice who originally set bail from reviewing the petition for a writ. Also, petitioner’s contention that Justice Hecht did not address the issue of whether bail was excessive is without merit. Concur—Milonas, J. P., Ross, Kassal, Smith and Rubin, JJ.

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Bluebook (online)

172 A.D.2d 273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-doggett-v-levy-nyappdiv-1991.