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People ex rel Freifeld v. Commissioner of the Dep't of Corrections

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


February 9, 2010

THE PEOPLE, ETC., EX REL. ANDREW FREIFELD, ON BEHALF OF GABRIEL GODWIN,
PETITIONER,
v.
COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS, RESPONDENT.

Writ of habeas corpus in the nature of an application for bail reduction upon Queens County Indictment Nos.1013/09 and 1016/09.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

REINALDO E. RIVERA, J.P., FRED T. SANTUCCI, RANDALL T. ENG & CHERYL E. CHAMBERS, JJ.

DECISION & JUDGMENT

ADJUDGED that the writ is dismissed, without costs or disbursements.

The determination of the Supreme Court, Queens County, was not an improvident exercise of discretion, and did not violate "constitutional or statutory standards" (People ex rel. Klein v Kruger, 25 NY2d 497, 499; see People ex rel. Rosenthal v Wolfson, 48 NY2d 230).

RIVERA, J.P., SANTUCCI, ENG and CHAMBERS, JJ., concur.

20100209

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