People ex rel. Schreiber v Warden of Vernon C. Bain Ctr.
2007 NY Slip Op 06914 [43 AD3d 1090]
September 18, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 7, 2007


The People of the State of New York ex rel. Kenneth J. Schreiber, on Behalf of James Giordano, Respondent,
v
Warden of Vernon C. Bain Center, Respondent. District Attorney, Queens County, Nonparty Appellant.

—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Kristina Sapaskis and Gerard Brave of counsel), nonparty appellant pro se.

Mischel & Horn, P.C., New York, N.Y. (Richard E. Mischel of counsel), for petitioner-respondent.

In a habeas corpus proceeding, the appeal is from a judgment of the Supreme Court, Queens County (Schulman, J.), dated July 6, 2007, which, after a hearing, sustained the writ to the extent of reducing bail in a criminal action entitled People v Giordano, pending under Queens County indictment No. 2699/06, from the sum of $5,000,000 cash or insurance company bail bond to the sum of $750,000 cash or insurance company bail bond.

Ordered that the judgment is affirmed, without costs or disbursements.

Under the circumstance of this case, the Supreme Court properly reduced bail from the sum of $5,000,000 cash or insurance company bail bond to the sum of $750,000 cash or insurance company bail bond. Crane, J.P., Goldstein, Skelos and Carni, JJ., concur.