People ex rel. Benfante v Warden of Rikers Is. Detention Facility
2005 NY Slip Op 08355 [23 AD3d 418]
November 7, 2005
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 18, 2006


The People of the State of New York ex rel. Joseph R. Benfante, on Behalf of James Russell, Petitioner,
v
Warden of Rikers Island Detention Facility, Respondent.

[*1]Writ of habeas corpus in the nature of an application for bail reduction upon Richmond County indictment No. 163/05.

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

The determination of the Supreme Court, Kings 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]). Crane, J.P., Mastro, Rivera and Spolzino, JJ., concur.