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PEOPLE STATE NEW YORK EX REL. DARRYL BAINES ET AL. v. GEORGE F. MCGRATH (09/25/68)

COURT OF APPEALS OF NEW YORK 1968.NY.42900 <http://www.versuslaw.com>; 241 N.E.2d 134; 22 N.Y.2d 885 decided: September 25, 1968. THE PEOPLE OF THE STATE OF NEW YORK EX REL. DARRYL BAINES ET AL., APPELLANTS,v.GEORGE F. MCGRATH, AS COMMISSIONER OF CORRECTION, RESPONDENT People ex rel. Baines v. McGrath, 30 A.D.2d 920, affirmed. Gerald B. Lefcourt, William M. Kunstler, Jacob W. Rozinsky, Jonathan Lubell and Henry diSuvero for appellants. Louis J. Lefkowitz, Attorney-General (John J. Meglio of counsel), for respondent. Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.


People ex rel. Baines v. McGrath, 30 A.D.2d 920, affirmed.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.

 Order affirmed in the following memorandum: The court, in the exercise of its power of review, is not required to approve the amounts fixed as bail for each of the relators, as if it were determining the amount of bail in the first instance. It suffices that it concludes that the amounts thus fixed are not excessive as a matter of law, and, therefore, not in violation of constitutional limitations. (People ex rel. Lobell v. McDonnell, 296 N. Y. 109; People ex rel. Rao v. Adams, 296 N. Y. 231; People ex rel. Gonzalez v. Warden, 21 N.Y.2d 18, 25.)

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