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PEO (HINSPETER) v. SENKOWSKI

194 Misc.2d 302 (2002)

752 N.Y.S.2d 821

THE PEOPLE OF THE STATE OF NEW YORK ex rel. JOHN A.J. HINSPETER, Petitioner, v. DANIEL A. SENKOWSKI, as Superintendent of Clinton Correctional Facility, Respondent.

Supreme Court, Westchester County.

December 11, 2002.

Attorney(s) appearing for the Case

John A.J. Hinspeter, petitioner pro se.

Eliot Spitzer, Attorney General, and Jeanine Ferris Pirro, District Attorney, for respondent.

OPINION OF THE COURT

JOHN P. DIBLASI, J.

"Although there is no absolute federal constitutional right to bail pending appeal, once a state makes provisions for such bail, the Eighth and Fourteenth Amendments require that it not be denied arbitrarily or unreasonably" (Pulaski v Hopkins, 745 F.Supp. 882, 885 [ED NY 1990]). In this case of first impression, the court is asked to declare CPL 530.50 (hereinafter section...

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