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PEO EX REL ROSENTHAL v. WOLFSON

65 A.D.2d 113 (1978)

The People of the State of New York ex rel. Gilbert S. Rosenthal, on Behalf of Fred Kolman, Respondent-Appellant, v. Leonard Wolfson, as Warden of The New York Detention Facility at Riker's Island, Appellant-Respondent

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

December 7, 1978

Attorney(s) appearing for the Case

Gilbert S. Rosenthal (Mark T. Smith with him on the brief), for respondent-appellant.

Brian Rosner of counsel (Robert M. Pitler with him on the brief; Robert M. Morgenthau, District Attorney), for appellant-respondent.

LUPIANO, J. P., EVANS and MARKEWICH, JJ., concur with SULLIVAN, J.; YESAWICH, J., dissents in an opinion.

SULLIVAN, J.

The issue presented is the scope of review by the habeas corpus court in entertaining a claim of excessive bail. In this case the bail-fixing court, after exhaustive arguments, held petitioner in remand. The habeas corpus court heard the same arguments, along with two additional facts, and set a bail of $150,000. The matter is before us on cross appeals; petitioner arguing that the bail set by the...

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