People ex rel. Tannuzzo v. City of New York

Appellate Division of the Supreme Court of New York

People ex rel. Tannuzzo v. City of New York

174 A.D.2d 443

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

DecidedJune 13, 1991

StatusPublished

This text of 174 A.D.2d 443 (People ex rel. Tannuzzo v. City of New York) 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.

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People ex rel. Tannuzzo v. City of New York, 174 A.D.2d 443 (N.Y. Ct. App. 1991).

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Opinion

—Judgment, Supreme Court, New York County (Brenda Soloff, J.), entered on or about December 17, 1990, which dismissed the writ of habeas corpus and denied bail, unanimously reversed, on the law, the facts, and in the exercise of discretion, and bail is set in the sum of $300,000 on condition that defendant (1) surrender his passport, (2) refrain from applying for a new passport until the termination of these [444]*444criminal proceedings, and (3) report to the New York City Police Department, 9th Precinct, at 6:00 p.m. each day.

Defendant has been indicted for murder in the second degree by acting with depraved indifference in violation of Penal Law § 125.25 (2) and related crimes. The allegation appears to be that during a July 4, 1990 party the defendant placed M-80 explosives in a trash can along with accelerants. An explosion occurred which allegedly caused the death of a fourteen year old boy.

The relator was remanded and, subsequently, his petition for a writ of habeas corpus dismissed. Interim bail was set by this court in the sum of $300,000.

Viewing the criteria for bail given in CPL 510.30 and relator’s ties to the community, employment and minimal criminal record, we find that it was an abuse of discretion to deny bail and we grant bail as indicated above. Concur— Sullivan, J. P., Ellerin, Wallach, Ross and Smith, JJ.

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—Judgment, Supreme Court, New York County (Brenda Soloff, J.), entered on or about December 17, 1990, which dismissed the writ of habeas corpus and denied bail, unanimously reversed, on the law, the facts, and in the exercise of discretion, and bail is set in the sum of $300,000 on condition that defendant (1) surrender his passport, (2) refrain from applying for a new passport until the termination of these [444]*444criminal proceedings, and (3) report to the New York City Police Department, 9th Precinct, at 6:00 p.m. each day.

Defendant has been indicted for murder in the second degree by acting with depraved indifference in violation of Penal Law § 125.25 (2) and related crimes. The allegation appears to be that during a July 4, 1990 party the defendant placed M-80 explosives in a trash can along with accelerants. An explosion occurred which allegedly caused the death of a fourteen year old boy.

The relator was remanded and, subsequently, his petition for a writ of habeas corpus dismissed. Interim bail was set by this court in the sum of $300,000.

Viewing the criteria for bail given in CPL 510.30 and relator’s ties to the community, employment and minimal criminal record, we find that it was an abuse of discretion to deny bail and we grant bail as indicated above. Concur— Sullivan, J. P., Ellerin, Wallach, Ross and Smith, JJ.

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174 A.D.2d 443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-tannuzzo-v-city-of-new-york-nyappdiv-1991.

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