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PEOPLE EX REL. McMANUS v. HORN

No. 34.

18 N.Y.3d 660 (2012)

967 N.E.2d 671

944 N.Y.S.2d 448

2012 NY Slip Op 2121

THE PEOPLE OF THE STATE OF NEW YORK ex rel. SHAUN McMANUS, Appellant, v. MARTIN F. HORN, Commissioner of the New York City Department of Corrections, et al., Respondents.

Court of Appeals of New York.

Decided March 22, 2012.

Attorney(s) appearing for the Case

The Bronx Defenders, Bronx ( V. Marika Meis of counsel), for appellant.

Robert T. Johnson , District Attorney, Bronx ( Stanley R. Kaplan and Joseph N. Ferdenzi for counsel), for respondent.

New York Civil Liberties Union Foundation, New York City ( Taylor Pendergrass , Corey Stoughton and Arthur Eisenberg of counsel).

Chief Judge LIPPMAN and Judges CIPARICK, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

GRAFFEO, J.

In this appeal, we consider whether CPL 520.10 (2) (b) prohibits a court from designating only one form of bail.

Petitioner Shaun McManus was on parole in January 2009 when he was arrested for arson in the third degree and related offenses stemming from two separate incidents involving the same victim. McManus was alleged to have assaulted the individual and set two of his automobiles on fire. Bail was set at $5,000...

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