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PEOPLE STATE NEW YORK EX REL. JULIUS M. KLEIN v. ARTHUR E. KRUEGER (08/19/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


*fn*: August 19, 1969.

THE PEOPLE OF THE STATE OF NEW YORK EX REL. JULIUS M. KLEIN, SR., APPELLANT,
v.
ARTHUR E. KRUEGER, AS WARDEN OF NASSAU COUNTY JAIL, RESPONDENT

Appeal by relator from a judgment of the Supreme Court, Nassau County, dated July 31, 1969, dismissing his writ of habeas corpus.

Beldock, P. J., Brennan, Rabin, Munder and Kleinfeld, JJ., concur.

In our opinion it was an abuse of discretion to refuse to fix bail in any amount.

Disposition

Judgment reversed, on the law and in the exercise of discretion, and application granted to the extent that bail is fixed in the amount of $125,000.


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