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

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

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

2010-04233

Decided: May 11, 2010

MARK C. DILLON, J.P. RUTH C. BALKIN ARIEL E. BELEN PLUMMER E. LOTT, JJ.

Reynolds, Caronia, Gianelli, Hagney, LaPinta & Quatella, LLP, Hauppauge, N.Y. (Paul Gianelli pro se of counsel), for petitioner. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Jacob Kubetz and Karla Lato of counsel), for respondent. Ewald, etc., respondent.

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

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