Majority
p. 885The People of the State of New York ex rel. Darryl Baines et al., Appellants, v. George P. McGrath, as Commissioner of Correction, Respondent. Argued September 20, 1968; decided September 25, 1968.
Gerald B. Lefcourt, William M. Kunstler, Jacob W. Rozinsky, Jonathan Lubell and Henry diSuvero for appellants.
Louis J. Lefkowitz, Attorney-General (John J. Meglio of counsel), for respondent.
Order affirmed in the following memorandum: The court, in the exercise of its power of review, is not required to approve
p. 886
the amounts fixed as bail for each of the relators, as if it were determining the amount of bail in the first instance. It suffices that it concludes that the amounts thus fixed are not excessive as a matter of law, and, therefore, not in violation of constitutional limitations. (People ex rel. Lobell v. McDonnell, 296 N. Y. 109 ; People ex rel. Rao v. Adams, 296 N. Y. 231 ; People ex rel. Gonzales v. Warden, 21 N Y 2d 18 , 25.)
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.
Cases cited
- People ex rel. Lobell v. McDonnell 296 N. Y. 109 p. 886
- People ex rel. Rao v. Adams 296 N. Y. 231 p. 886
- People ex rel. Gonzalez v. Warden 21 N Y 2d 18 at 25 p. 886