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People ex rel. Selin v. Warden of the George Motchan Detention Center

Citations: 227 A.D.2d 577; 643 N.Y.S.2d 381; 1996 N.Y. App. Div. LEXIS 5351

Court: Appellate Division of the Supreme Court of the State of New York; May 20, 1996; New York; State Appellate Court

Narrative Opinion Summary

A writ of habeas corpus was filed seeking a reduction of bail related to Kings County Indictment No. 2835/96 or, alternatively, the release of the defendant on his own recognizance. The court adjudged the writ dismissed, with no costs or disbursements awarded. The Supreme Court of Kings County's decision was upheld, determined not to be an improvident exercise of discretion, and found compliant with constitutional and statutory standards. The ruling referenced precedents including *People ex rel. Klein v Kruger* and *People ex rel. Rosenthal v Wolfson*, with Judges Mangano, Rosenblatt, Pizzuto, and Hart concurring.

Legal Issues Addressed

Discretionary Judicial Review

Application: The appellate court upheld the lower court's decision, finding it to be a proper exercise of judicial discretion and consistent with applicable legal standards.

Reasoning: The Supreme Court of Kings County's decision was upheld, determined not to be an improvident exercise of discretion, and found compliant with constitutional and statutory standards.

Habeas Corpus and Bail Reduction

Application: The court dismissed the writ of habeas corpus seeking a reduction of bail, affirming that the decision of the lower court was not an improvident exercise of discretion.

Reasoning: A writ of habeas corpus was filed seeking a reduction of bail related to Kings County Indictment No. 2835/96 or, alternatively, the release of the defendant on his own recognizance. The court adjudged the writ dismissed, with no costs or disbursements awarded.

Precedential Support in Bail Decisions

Application: The ruling was supported by precedents, indicating the court's reliance on established case law to affirm the lower court's decision regarding bail.

Reasoning: The ruling referenced precedents including *People ex rel. Klein v Kruger* and *People ex rel. Rosenthal v Wolfson*, with Judges Mangano, Rosenblatt, Pizzuto, and Hart concurring.