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PEOPLE EX REL. FREEDMAN v. WARDEN

184 A.D.2d 435 (1992)

The People of the State of New York ex rel. Paul Freedman, on Behalf of Tomar Xhudo, Appellant, v. Warden, Respondent

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

June 25, 1992

When bail was set on the superseding indictment at $125,000, the Assistant District Attorney in charge of the case was on vacation and the full facts concerning this relator were not made known to the arraignment court which set bail. Accordingly, it was improper for the Assistant District Attorney in charge to make the facts known to the bail-setting court, and to do so ex parte. Upon review of the minutes of that ex parte proceeding...

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