People ex rel. Triolo v. Warden & Agent

Appellate Division of the Supreme Court of New York

People ex rel. Triolo v. Warden & Agent

260 A.D. 959, 24 N.Y.S.2d 157, 1940 N.Y. App. Div. LEXIS 5615

Appellate Division of the Supreme Court of the State of New York·Decided November 27, 1940·Published

Opinion

Order dismissing writ of habeas corpus reversed on the facts, writ sustained, bail fixed at the sum of $1,000, and relator remanded to the custody of the Warden and Agent of the City Prison, Brooklyn. Under the circumstances here disclosed, the amount of bail heretofore fixed was excessive. Carswell, Taylor and Close, JJ., concur; Lazansky, P. J., and Hagarty, J., dissent and vote to affirm on the ground that the fixation of bail at $5,000 was a reasonable exercise of discretion.

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Order dismissing writ of habeas corpus reversed on the facts, writ sustained, bail fixed at the sum of $1,000, and relator remanded to the custody of the Warden and Agent of the City Prison, Brooklyn. Under the circumstances here disclosed, the amount of bail heretofore fixed was excessive. Carswell, Taylor and Close, JJ., concur; Lazansky, P. J., and Hagarty, J., dissent and vote to affirm on the ground that the fixation of bail at $5,000 was a reasonable exercise of discretion.

People ex rel. Triolo v. Warden & Agent, 260 A.D. 959, 24 N.Y.S.2d 157, 1940 N.Y. App. Div. LEXIS 5615 (N.Y. Ct. App. 1940).

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260 A.D. 959 (People ex rel. Triolo v. Warden & Agent) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.