People ex rel. Gianelli v Ewald

People ex rel. Gianelli v Ewald 2010 NY Slip Op 04228 [73 AD3d 955] May 11, 2010 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 30, 2010

The People of the State of New York ex rel. Paul Gianelli, on Behalf of John DiPaola, Petitioner,
v
Charles Ewald, as Warden of Suffolk County Jail, Respondent.

—[*1] 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.

Writ of habeas corpus in the nature of an application for bail reduction upon Suffolk County indictments No. 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 Krueger, 25 NY2d 497, 499 [1969]; see People ex rel. Rosenthal v Wolfson, 48 NY2d 230 [1979]). Dillon, J.P., Balkin, Belen and Lott, JJ., concur.