People Ex Rel. Parker v. Hasenauer
New York Court of Appeals
People Ex Rel. Parker v. Hasenauer, 62 N.Y.2d 777 (N.Y. 1984)
465 N.E.2d 1256; 477 N.Y.S.2d 320; 1984 N.Y. LEXIS 9013
Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye Concur
People Ex Rel. Parker v. Hasenauer
Opinion
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
The denial of bail in this case was based upon the determination that defendant, if released on bail, would be likely to flee the jurisdiction. This determination was reached after consideration of the nature of the offense, the unusually large amount of drugs and money involved, the probability of conviction and the possible severity of sentence. Inasmuch as said denial is supported by the record, *779 it is an exercise of discretion resting on a rational basis and thus beyond correction in habeas corpus. (People ex rel. Parone v Phimister, 29 NY2d 580).
Order affirmed, without costs, in a memorandum.
Reference
- Full Case Name
- The People of the State of New York Ex Rel. Edward A. Parker, Appellant, v. William A. Hasenauer, as Sheriff of Oneida County, Respondent
- Cited By
- 20 cases
- Status
- Published