People ex rel. Hinspeter v. Senkowski

OPINION OF THE COURT

John P. DiBlasi, J.

“Although there is no absolute federal constitutional right to bail pending appeal, once a state makes provisions for such bail, the Eighth and Fourteenth Amendments require that it not be denied arbitrarily or unreasonably” (Pulaski v Hopkins, 745 F Supp 882, 885 [ED NY 1990]). In this case of first impression, the court is asked to declare CPL 530.50 (hereinafter section 530.50) unconstitutional on the grounds that it violates petitioner’s rights to due process of law and equal protection of the law under both the Federal and State Constitutions…