People ex rel. Scholl v. Commissioner of New York City Department of Correction

Appellate Division of the Supreme Court of New York

People ex rel. Scholl v. Commissioner of New York City Department of Correction

172 A.D.2d 432, 569 N.Y.S.2d 10, 1991 N.Y. App. Div. LEXIS 5170

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

DecidedApril 30, 1991

StatusPublished

This text of 172 A.D.2d 432 (People ex rel. Scholl v. Commissioner of New York City Department of Correction) 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. Scholl v. Commissioner of New York City Department of Correction, 172 A.D.2d 432, 569 N.Y.S.2d 10, 1991 N.Y. App. Div. LEXIS 5170 (N.Y. Ct. App. 1991).

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Opinion

Two orders, Supreme Court, New York County (George Roberts, J.), each entered October 17, 1990, which denied and dismissed petitioners’ respective writs for habeas corpus, unanimously reversed, on the law, and on the facts, and in the exercise of discretion, without costs or disbursements, and petitioners’ bail reduced from $1,000,000 to $500,000, insurance company bail bond or cash, for each petitioner.

Based on our review of the record, we find the bail as originally set to be excessive to the extent indicated. If, indeed, the use of petitioner Scholl’s Pennsylvania estate as collateral for the previously obtained surety bond violates the federal court order restricting the transfer of such property, as claimed, respondent’s remedy lies in an examination as to the sufficiency of the surety. (See, CPL 520.30.) Concur—Murphy, P. J., Sullivan, Carro, Wallach and Kupferman, JJ.

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Two orders, Supreme Court, New York County (George Roberts, J.), each entered October 17, 1990, which denied and dismissed petitioners’ respective writs for habeas corpus, unanimously reversed, on the law, and on the facts, and in the exercise of discretion, without costs or disbursements, and petitioners’ bail reduced from $1,000,000 to $500,000, insurance company bail bond or cash, for each petitioner.

Based on our review of the record, we find the bail as originally set to be excessive to the extent indicated. If, indeed, the use of petitioner Scholl’s Pennsylvania estate as collateral for the previously obtained surety bond violates the federal court order restricting the transfer of such property, as claimed, respondent’s remedy lies in an examination as to the sufficiency of the surety. (See, CPL 520.30.) Concur—Murphy, P. J., Sullivan, Carro, Wallach and Kupferman, JJ.

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Bluebook (online)

172 A.D.2d 432, 569 N.Y.S.2d 10, 1991 N.Y. App. Div. LEXIS 5170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-scholl-v-commissioner-of-new-york-city-department-of-nyappdiv-1991.