Gold v. Shapiro

OPINION OF THE COURT

Rabin, J.

This is a proceeding pursuant to CPLR article 78 to prohibit the respondent Justice from signing an order effectuating his decision to grant the application of respondent Gonzalez (hereinafter defendant) for a stay of execution of judgment and for bail, pending his appeal to this court (see People v Gonzalez, decided Feb. 17, 1978). The sole issue is whether CPL 530.50 is *64constitutional. That section essentially provides that bail, pending appeal, is not available to a defendant who has received a class A felony sentence.

The defendant was convicted, after trial,…