Majority
p. 959(November 27, 1940.) The People of the State of New York ex rel. Salvatore Triolo, Appellant, v. The Warden and Agent of City Prison, Respondent.
Order dismissing writ of habeas corpus reversed on the facts, writ sustained, bail fixed at the sum of $1,000, and relator remanded to the custody of the Warden and Agent of the City Prison, Brooklyn. Under the circumstances here disclosed, the amount of bail heretofore fixed was excessive. Carswell, Taylor and Close, JJ., concur; Lazansky, P. J., and Hagarty, J., dissent and vote to affirm on the ground that the fixation of bail at $5,000 was a reasonable exercise of discretion.