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PEOPLE EX REL. CALASCIONE v. RAMSDEN

20 A.D.2d 142 (1963)

The People of the State of New York ex rel. Salvatore Calascione and Joseph Vito, Respondents, v. Thomas Ramsden, as Warden of Nassau County Jail, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 30, 1963.

Attorney(s) appearing for the Case

William Cahn, District Attorney (Henry P. De Vine of counsel), for appellant.

James G. Blake (John Chamberlain of counsel), for Salvatore Calascione, respondent.

George V. Fleckenstein (John Chamberlain of counsel), for Joseph Vito, respondent.

BELDOCK, P. J., KLEINFELD, CHRIST, BRENNAN and HILL, JJ., concur.

Per Curiam.

The basic issue to be determined on these appeals is whether, under all the circumstances which were here disclosed to the Trial Judge at the opening of the trial of a criminal action, he abused his discretion by revoking the $50,000 bail of each of the two defendants (Calascione and Vito, the relators here) under which they had been at liberty, and by remanding them to jail pending the trial.

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