The People, etc., ex rel. Paul Gianelli, on behalf of John DiPaola, petitioner, v. Charles Ewald, etc., respondent., appellant. (2010)

Argued-May 10, 2010

DECISION & JUDGMENT

Writ of habeas corpus in the nature of an application for bail reduction upon Suffolk County Indictment Nos. 172B/2010 and 567B/2010, to release the defendant on his own recognizance or, in the alternative, fixing bail.

ADJUDGED that the writ is dismissed, without costs or disbursements.

The determination of the Supreme Court, Suffolk County, was not an improvident exercise of discretion, and did not violate “constitutional or statutory standards” (People ex rel. Klein v. Kruger, 25 N.Y.2d 497, 499;  see People ex rel. Rosenthal v. Wolfson, 48 N.Y.2d 230).

DILLON, J.P., BALKIN, BELEN and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court