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PEOPLE EX REL. KLEIN v. KRUEGER

25 N.Y.2d 497 (1969)

The People of the State of New York ex rel. Julius M. Klein, Sr., Respondent, v. Arthur E. Krueger, as Warden of Nassau County Jail, Appellant.

Court of Appeals of the State of New York.

Decided December 10, 1969.

Attorney(s) appearing for the Case

George J. Aspland, District Attorney (Saverio J. Fierro of counsel), for appellant.

Ira A. Deutsch and Melvyn Schlesser for respondent.

Chief Judge FULD and Judges BURKE, BERGAN and GIBSON concur with Judge BREITEL; Judge JASEN dissents and votes to reverse in a separate opinion in which Judge SCILEPPI concurs.

BREITEL, J.

This appeal requires a review of this court's holding and reasoning in People ex rel. Shapiro v. Keeper of City Prison (290 N.Y. 393). The issue is the scope of review in a habeas corpus court of the action of a court at nisi prius in a criminal matter denying or fixing the amount of bail before a trial. Critical to resolution of the issue are, on...

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