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UNITED STATES v. MALCOLM

Nos. 1350, 1351, Dockets 75-2103, 75-2110.

522 F.2d 826 (1975)

UNITED STATES ex rel. Nicholas ABATE, Petitioner-Appellee, v. Benjamin MALCOLM, Commissioner of Corrections, et al., Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided August 25, 1975.

Supplemental Opinion September 11, 1975.

Attorney(s) appearing for the Case

Paul G. Chevigny, New York Civil Liberties Union, New York City, and Sidney Zion, Forest Hills, N. Y. (Priest & Carson, Forest Hills, N. Y., of counsel), for petitioner-appellee.

Jon Michael Bevilacqua, Asst. Dist. Atty., Queens County, Kew Gardens, N. Y. (Nicholas Ferraro, Dist. Atty., of counsel), for respondents-appellants.

Before GURFEIN, VAN GRAAFEILAND and MESKILL, Circuit Judges.

PER CURIAM:

Petitioner, Nicholas Abate, brought a petition for a writ of habeas corpus in the United States District Court for the Eastern District of New York, alleging that the failure of the state court to grant him bail pending appeal without stating reasons for denial of bail violated his constitutional rights. The District Court, Platt, J., provided that a writ of habeas corpus would issue only if, after 15 days, the state failed to take certain action...

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