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PEO. EX REL. HARDY v. SIELAFF

79 N.Y.2d 618 (1992)

The People of the State of New York ex rel. Michael A. Hardy, on Behalf of Gerald Miller, Appellant, v. Allyn R. Sielaff, as Commissioner of the Department of Correction of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 4, 1992.

Attorney(s) appearing for the Case

Michael A. Hardy and Harry Kresky for appellant.

Richard A. Brown, District Attorney (Robin A. Forshaw and Barbara D. Underwood of counsel), respondent pro se.

Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur.

Chief Judge WACHTLER.

At issue in this habeas corpus proceeding is the validity of the distinction drawn in CPL 500.10 (17) between personal property and real property for the purpose of securing a bail bond. CPL 500.10 (17) (a) provides that nonexempt personal property may be used as security if its net value is equal to or greater than the total amount of the undertaking...

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