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People ex rel Gianelli v. Ewald

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


May 11, 2010

THE PEOPLE, ETC., EX REL. PAUL GIANELLI, ON BEHALF OF JOHN DIPAOLA, PETITIONER,
v.
CHARLES EWALD, ETC., RESPONDENT., APPELLANT.

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.

MARK C. DILLON, J.P., RUTH C. BALKIN, ARIEL E. BELEN and PLUMMER E. LOTT, JJ.

DECISION & JUDGMENT

Writ of habeas corpus in the nature of an application for bail reduction upon Suffolk County Indictment Nos. 172B/2010 and 567B/2010, to release the defendant on his own recognizance or, in the alternative, fixing bail.

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

The determination of the Supreme Court, Suffolk 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).

DILLON, J.P., BALKIN, BELEN and LOTT, JJ., concur.

20100511

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