PEOPLE EX REL. WEISENFELD v. WARDEN, NEW YORK DET. FACILITY AT RIKER'S ISLAND


37 N.Y.2d 760 (1975)

The People of the State of New York ex rel. J. Jeffrey Weisenfeld, on Behalf of Joseph Cifone, Respondent, v. Warden, New York Detention Facility at Riker's Island, Respondent. (And Another Proceeding.)

Court of Appeals of the State of New York.

Decided July 8, 1975.


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (T. James Bryan and Jerrold Neugarten of counsel), for appellant.

J. Jeffrey Weisenfeld for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


MEMORANDUM.

The order of the Appellate Division should be reversed.

On the return of a writ of habeas corpus, the scope of inquiry is "only as to the legality of the denial of bail, as to whether or not the denying Court has abused its discretion by denying bail without reasons or for reasons insufficient in law" (People ex rel. Shapiro v Keeper of City Prison, 290 N.Y. 393, 399, emphasis in original...

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