PEOPLE EX REL. HINSPETER v. SENKOWSKI


12 A.D.3d 23 (2004)

783 N.Y.S.2d 386

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

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

October 4, 2004.


Attorney(s) appearing for the Case

Kevin P. Gilleece, White Plains, for appellant.

Jeanine Pirro, District Attorney, White Plains (Edward D. Saslaw and Richard E.Weill of counsel), for respondent.

H. MILLER, J.P., GOLDSTEIN and ADAMS, JJ., concur.


OPINION OF THE COURT

COZIER, J.

The appellant is a convicted sex offender who is ineligible for postconviction bail pending appeal pursuant to CPL 530.50. After the Supreme Court denied his request for postconviction bail pending appeal (see People v Hinspeter, 190 Misc.2d 614 [2002]), the appellant commenced this habeas corpus proceeding challenging the constitutionality of CPL 530.50. The Supreme Court, reaching...

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