People ex rel. Moore v. Bednosky

Appellate Division of the Supreme Court of New York

People ex rel. Moore v. Bednosky

198 A.D.2d 251, 604 N.Y.S.2d 807

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

DecidedNovember 1, 1993

StatusPublished

Cited by4 cases

This text of 198 A.D.2d 251 (People ex rel. Moore v. Bednosky) 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. Moore v. Bednosky, 198 A.D.2d 251, 604 N.Y.S.2d 807 (N.Y. Ct. App. 1993).

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Opinion

—In a habeas corpus proceeding, the appeal is from a judgment of the Supreme Court, Suffolk County (Stark, J.), dated July 28, 1993, which, after a hearing, sustained the writ to the extent of reducing bail from $2,500,000, with a cash bail alternative of $250,000, to $100,000 bond with a cash bail alternative of $50,000.

Ordered that the judgment is reversed, on the law, without costs or disbursements, and the proceeding is dismissed.

[252]*252The County Court’s bail determination, based upon the factors outlined in CPL 510.20 (2), is supported by the record. Thus, it constituted an exercise of discretion with a rational basis which should not have been disturbed (see, People ex rel. Parker v Hasenauer, 62 NY2d 777; People ex rel. Gamble v Romano, 172 AD2d 575). Lawrence, J. P., Eiber, O’Brien and Santucci, JJ., concur.

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—In a habeas corpus proceeding, the appeal is from a judgment of the Supreme Court, Suffolk County (Stark, J.), dated July 28, 1993, which, after a hearing, sustained the writ to the extent of reducing bail from $2,500,000, with a cash bail alternative of $250,000, to $100,000 bond with a cash bail alternative of $50,000.

Ordered that the judgment is reversed, on the law, without costs or disbursements, and the proceeding is dismissed.

[252]*252The County Court’s bail determination, based upon the factors outlined in CPL 510.20 (2), is supported by the record. Thus, it constituted an exercise of discretion with a rational basis which should not have been disturbed (see, People ex rel. Parker v Hasenauer, 62 NY2d 777; People ex rel. Gamble v Romano, 172 AD2d 575). Lawrence, J. P., Eiber, O’Brien and Santucci, JJ., concur.

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Bluebook (online)

198 A.D.2d 251, 604 N.Y.S.2d 807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-moore-v-bednosky-nyappdiv-1993.

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