Legal Opinion

People Ex Rel. Weisenfeld v. WARDEN, NEW YORK DET. FACILITY AT RIKER'S ISLAND

New York Court of Appeals

Decided July 8, 1975PublishedCited by 15 opinions

1Opinion of the Court

Memorandum. The order of the Appellate Division should be reversed.

On the return of a writ of habeas corpus, the scope of inquiry is "only as to the legality of the denial of bail, as to whether or not the denying Court has abused its discretion by denying bail without reasons or for reasons insufficient in law” (People ex rel. Shapiro v Keeper of City Prison, 290 NY 393, 399, emphasis in original; see, also, People ex rel. Klein v Krueger, 25 NY2d 497, 500-501). Relevant factors in granting or denying bail are "[t]he nature of the offense, probability of conviction, and severity of the…

2Cases cited4 opinions

  1. People ex rel. Klein v. KruegerNew York Court of Appeals · 1969
  2. People v. BroadieNew York Court of Appeals · 1975
  3. People Ex Rel. Shapiro v. Keeper of City PrisonNew York Court of Appeals · 1943
  4. People ex rel. Parone v. PhimisterNew York Court of Appeals · 1971

3Cited by15 opinions

  1. People v. FormanCriminal Court of the City of New York · 1989
  2. People ex rel. Cooke v. McNultyAppellate Division of the Supreme Court of the State of New York · 1975
  3. People v. BowersAppellate Division of the Supreme Court of the State of New York · 1987
  4. People v. BrownNew York Supreme Court · 1978
  5. People ex rel. Meyer v. Warden of the House of Detention for MenAppellate Division of the Supreme Court of the State of New York · 1989

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