Legal Opinion

People ex rel. Aidala v. Warden, Rikers Island Correctional Facility

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

Decided November 7, 2012PublishedCited by 1 opinion

1Opinion of the Court

Writ of habeas corpus in the nature of an application, inter alia, to release the detainee, Arthur Bogoraz, from the Rikers Island Correctional Facility, upon his posting of an insurance company bail bond in the sum of $2,000,000.

Adjudged that the writ is dismissed, without costs or disbursements.

At a bail bond source hearing held pursuant to CPL 520.30, the petitioner has the burden of proving by a preponderance of the evidence that the cash or collateral posted to secure a bail bond originates from a legitimate source and is not the fruit of criminal or unlawful conduct (see People v…

2Cases cited3 opinions

  1. People ex rel. Rosenthal v. WolfsonNew York Court of Appeals · 1979
  2. People v. EsquivelNew York Supreme Court · 1993
  3. People v. AgnelloNew York Supreme Court · 2000

3Cited by1 opinion

  1. Gevorkyan v. JudelsonCourt of Appeals for the Second Circuit · 2016

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