decided: June 11, 1969.
THE PEOPLE OF THE STATE OF NEW YORK EX REL. MICHAEL TABOR AND CLARK SQUIRES, APPELLANTS,
GEORGE F. MCGRATH, AS COMMISSIONER OF CORRECTION, RESPONDENT
Appeal, on constitutional grounds, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered May 29, 1969, which unanimously denied an application and dismissed a writ of habeas corpus whereby relators, charged with various violations of the Penal Law (§§ 110.00, 105.15, 125.25, 105.10, 150.15, 150.10, 120.25, 265.05 [subds. 1, 5]), sought a further reduction of bail, reduced from $100,000 to $50,000, by prior order of the Supreme Court at Criminal Term (J. Irwin Shapiro, J.), entered in Queens County.
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel and Jasen.
Memorandum. There has been a sufficient showing by respondent that not only the seriousness of the charges but that the surrounding circumstances suggest that relators may not be available for trial. Particularly significant are the undisputed assertions by respondent that relators along with the alleged co-conspirators arrested with them were connected with the seizure of large quantities of unusual contraband usable only in terroristic activities. Such seizures coupled with the fact that relators do not have substantial roots in the community, makes likely that they would become fugitives, as are some of the alleged co-conspirators. This meets the classic tests for fixing or denying bail (see People ex rel. Gonzalez v. Warden, 21 N.Y.2d 18, 25). Of course, in view of the high bail fixed, the People are obliged to stand ready for immediate trial, as they assert they are. Consequently, the broad constitutional issues raised by relators are not relevant.
Order affirmed, without costs, in a memorandum.
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