Morgenthau v. Rosenberger

Ross, J. (dissenting).

I dissent. In my view the correct application of CPL 460.50 in this case would preclude a Justice of this Court from entertaining an application for bail pending appeal pursuant to CPL 460.50 at this juncture. While the application before the trial court (FitzGerald, J.) for bail pending appeal was made before defendant filed his notice of appeal, that application was apparently defendant’s second application for relief pursuant to CPL 460.50. Defense counsel at page four of the memorandum submitted in opposition to the People’s petition admits that "[a]t Mr. Shakur’s…