Legal Opinion

People ex rel. Chaplin v. People

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

Decided April 12, 2012Published

1Opinion of the Court

Rose, J.P.

Appeal from a judgment of the Supreme Court (Hummel, J.), entered November 22, 2011 in Rensselaer County, which dismissed a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, after a hearing.

In June 2011, petitioner was indicted on three counts of murder in the second degree stemming from a November 1994 homicide. Following arraignment, petitioner submitted a bail application and, following a hearing, County Court (Ceresia, J.) denied the application. Petitioner then commenced this CPLR article 70 proceeding alleging that County Court abused its discretion. After a…

2Cases cited4 opinions

  1. People ex rel. Klein v. KruegerNew York Court of Appeals · 1969
  2. People ex rel. Rosenthal v. WolfsonNew York Court of Appeals · 1979
  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. Raucci v. PollardAppellate Division of the Supreme Court of the State of New York · 2009

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