People ex rel. Perez v. Nevil

Appellate Division of the Supreme Court of New York

People ex rel. Perez v. Nevil

47 A.D.2d 679, 366 N.Y.S.2d 876, 1975 N.Y. App. Div. LEXIS 8902

Appellate Division of the Supreme Court of the State of New York·Decided February 13, 1975·Published

Opinion

Appeal from a judgment of the Supreme Court at Special Term, entered October 30,1974 in Otsego County, which sustained a writ of habeas corpus admitting appellant to bail and set bail at $100,000. This matter was previously before this court and remitted to Special Term to complete the record, make findings and set appropriate bail (45 A D 2d 445). On this appeal, it is argued that the amount of bail fixed is excessive. We agree and the amount of bail is reduced to the sum of $50,000 (CPL 530.30). Judgment modified, on the law and the facts, without costs, and amount of bail reduced to the sum of $50,000, and, as so modified, affirmed. Herlihy, P. J., Sweeney, Kane, Main and Larkin, JJ., concur.

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Appeal from a judgment of the Supreme Court at Special Term, entered October 30,1974 in Otsego County, which sustained a writ of habeas corpus admitting appellant to bail and set bail at $100,000. This matter was previously before this court and remitted to Special Term to complete the record, make findings and set appropriate bail (45 A D 2d 445). On this appeal, it is argued that the amount of bail fixed is excessive. We agree and the amount of bail is reduced to the sum of $50,000 (CPL 530.30). Judgment modified, on the law and the facts, without costs, and amount of bail reduced to the sum of $50,000, and, as so modified, affirmed. Herlihy, P. J., Sweeney, Kane, Main and Larkin, JJ., concur.

People ex rel. Perez v. Nevil, 47 A.D.2d 679, 366 N.Y.S.2d 876, 1975 N.Y. App. Div. LEXIS 8902 (N.Y. Ct. App. 1975).

Pincite

47 A.D.2d 679 (People ex rel. Perez v. Nevil) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.