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ROSENTHAL v. WOLFSON

48 N.Y.2d 230 (1979)

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

Court of Appeals of the State of New York.

Decided November 13, 1979.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Jerold L. Neugarten and Robert M. Pitler of counsel), for appellant.

Gilbert S. Rosenthal and Mark T. Smith for respondent.

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

JONES, J.

Except possibly in extraordinary circumstances, review on a writ of habeas corpus of the determination of a court at nisi prius denying or fixing the amount of bail before trial in a criminal action is limited to the record before the nisi prius court.

The relator in this case was charged with grand larceny and remanded without bail. An indictment...

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