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People ex rel. Murphy v. Warden

213 A.D.2d 729 Court N.Y. App. Div. Decision date 1995-03-29 English

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p. 729
The People of the State of New York ex rel. Stephen G. Murphy, on Behalf of Robert Thomas Kovacic, Petitioner, v Warden, Respondent.
[624 NYS2d 952]

—Writ of habeas corpus in the nature of an application for bail reduction upon Kings County Indictment No. 12205/94.

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

We previously held that the determination of the Supreme Court, Kings County, fixing bail at $100,000, was not an improvident exercise of discretion and did not violate " 'constitutional or statutory standards’ ” (People ex rel. Murphy v Warden, 210 AD2d 190 , citing People ex rel. Klein v Krueger, 25 NY2d 497 , 499; see, People ex rel. Rosenthal v Wolfson, 48 NY2d 230 ). The alleged new circumstances set forth in this successive application for a writ of habeas corpus do not warrant a different result. Bracken, J. P., Rosenblatt, O’Brien and Hart, JJ., concur.

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