People ex rel. Klein v. Krueger

This appeal requires a review of this court’s ■holding and reasoning in People ex rel. Shapiro v. Keeper of City Prison (290 N. Y. 393). The issue is the scope of review in a habeas corpus court of the action of a court at nisi prius in a criminal matter denying or fixing the amount of bail before a *499trial. Critical to resolution of the issue are, on the one hand, the nonappealability of the action of the nisi prius court in denying or fixing of bail, and on the other hand the reviewability in a habeas corpus proceeding, under State, and possibly Federal1 standards, of bail action by reason of…