Appellate Division of the Supreme Court of New York, 1940

People ex rel. Triolo v. Warden & Agent

People ex rel. Triolo v. Warden & Agent
Appellate Division of the Supreme Court of New York · Decided November 27, 1940
260 A.D. 959; 24 N.Y.S.2d 157; 1940 N.Y. App. Div. LEXIS 5615
People ex rel. Triolo v. Warden & Agent

Opinion of the Court

Order dismissing writ of habeas corpus reversed on the facts, writ sustained, bail fixed at the sum of $1,000, and relator remanded to the custody of the Warden and Agent of the City Prison, Brooklyn. Under the circumstances here disclosed, the amount of bail heretofore fixed was excessive. Carswell, Taylor and Close, JJ., concur; Lazansky, P. J., and Hagarty, J., dissent and vote to affirm on the ground that the fixation of bail at $5,000 was a reasonable exercise of discretion.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.