People ex rel. Bendish v Pozzi
2008 NY Slip Op 06734 [54 AD3d 698]
September 4, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 29, 2008


The People of the State of New York ex rel. Bruce P. Bendish, on Behalf of Robert Sepe, Petitioner,
v
Rocco Pozzi, Respondent.

[*1] Goodrich and Bendish, White Plains, N.Y. (Bruce P. Bendish pro se of counsel), for petitioner.

Janet DiFiore, District Attorney, White Plains, N.Y. (Valerie Livingston of counsel), for respondent.

Writ of habeas corpus in the nature of an application for bail reduction upon Westchester County indictment No. 08-0457, 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, Westchester 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]). Lifson, J.P., Florio, Eng and Belen, JJ., concur.