PEOPLE SAVAGE OCASIO v. HORN (2008)

Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., ex rel. Gerard C. SAVAGE, on behalf of Martin OCASIO, petitioner, v. Martin F. HORN, Commissioner of Department of Corrections of City of New York, respondent.

Decided: November 25, 2008

ROBERT A. SPOLZINO, J.P., MARK C. DILLON, EDWARD D. CARNI, and JOHN M. LEVENTHAL, JJ.

Steven Banks, New York, N.Y. (Gerard C. Savage pro se of counsel), for petitioner. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Emil Bricker, and Marilyn A. Filinger of counsel), for respondent.

Writ of habeas corpus in the nature of an application for the release of the detainee, Martin Ocasio, upon his posting of an insurance company bail bond in the sum of $25,000.

ADJUDGED that the writ is sustained, without costs or disbursements, and the respondent Martin F. Horn, Commissioner of the Department of Corrections of the City of New York, is directed to immediately release the detainee, Martin Ocasio, upon his posting of an insurance company bail bond in the sum of $25,000.

While CPL 520.30 allows a court to conduct an inquiry into the source of collateral pledged to secure issuance of an insurance company bail bond, the court cannot question the business judgment of the issuing company with regards to the amount of collateral it requires to secure the bond (see Matter of Barnes v. Cohen, 45 A.D.2d 837, 358 N.Y.S.2d 1, overruled on other grounds Matter of Johnson v. Crane, 171 A.D.2d 537, 568 N.Y.S.2d 22; People v. Imran, 193 Misc.2d 746, 754 N.Y.S.2d 159). Here, the Criminal Court erred in disapproving the bail on the sole ground that the insurance company had not required sufficient collateral to be posted before issuing the bond.

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