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PEOPLE EX REL. LITMAN v. WARDEN OF THE MANHATTAN HOUSE OF DETENTION

23 A.D.3d 258 (2005)

804 N.Y.S.2d 78

THE PEOPLE OF THE STATE OF NEW YORK ex rel. JACK T. LITMAN on Behalf of BEN ODIERNO, Appellant, v. WARDEN OF THE MANHATTAN HOUSE OF DETENTION, Respondent.

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

November 17, 2005.

The habeas court properly determined that the bail court (Gregory Carro, J.), did not abuse its discretion in denying bail (see People ex rel. Lazer v Warden, N.Y. County Men's House of Detention, 79 N.Y.2d 839 [1992]). The record supports the bail court's determination, based upon the factors enumerated in CPL 510.30 (2) (a), that petitioner is a flight risk, given the severity of the crime charged (murder), the likelihood of a...

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