Legal Opinion

People ex rel. Raucci v. Pollard

Appellate Division of the Supreme Court of the State of New York

Decided December 17, 2009PublishedCited by 1 opinion

1Opinion of the Court

Petitioner commenced this CPLR article 70 proceeding alleging that County Court (Hoye, J.) abused its discretion in twice denying his bail application. Following a hearing, Supreme Court determined that County Court had properly considered the appropriate statutory factors in denying the bail application and dismissed the petition. Petitioner appeals.

The scope of our review in this habeas corpus proceeding is limited to a determination of whether the bail court abused its *1433statutory discretion in denying petitioner’s application or if the denial was unconstitutionally arbitrary (see People ex…

2Cases cited4 opinions

  1. People ex rel. Klein v. KruegerNew York Court of Appeals · 1969
  2. People ex rel. Barnes v. Warden of Rikers Island Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 1990
  3. People ex rel. Litman v. Warden of the Manhattan House of DetentionAppellate Division of the Supreme Court of the State of New York · 2005
  4. People ex rel. Robinson v. CampbellAppellate Division of the Supreme Court of the State of New York · 1992

3Cited by1 opinion

  1. People ex rel. Chaplin v. PeopleAppellate Division of the Supreme Court of the State of New York · 2012

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