Majority
p. 790(June 18, 1976.) The People of the State of New York ex rel. James Mitchell, Respondent, v John J. McNulty, as Sheriff and Superintendent of the Albany County Jail, Appellant.
Appeal from a judgment of the Supreme Court at Special Term, entered June 4, 1976 in Albany County, which sustained a writ of habeas corpus and reduced the amount of petitioner’s bail fixed by the County Court from $100,000 to $35,000. On the record of
p. 791
this case, habeas corpus relief was appropriate (People ex rel. Klein v Krueger, 25 NY2d 497 ; People ex rel. Lobell v McDonnell, 296 NY 109 ; People ex rel. Zinzow v Harkness, 48 AD2d 746 ). The judgment of Special Term must be affirmed, as there is a constitutionally rational basis for its determination (People ex rel. Cooke v McNulty, 48 AD2d 586 ; People ex rel. Goines v Howard, 41 AD2d 683 ). Judgment affirmed, without costs. Koreman, P. J., Sweeney, Kane, Mahoney and Larkin, JJ., concur.
Cases cited
- People ex rel. Klein v. Krueger 25 NY2d 497 p. 791
- People ex rel. Lobell v. McDonnell 296 NY 109 p. 791
- People ex rel. Cooke v. McNulty 48 AD2d 586 p. 791