People ex rel. Cassar v DeMarco
2009 NY Slip Op 02644 [60 AD3d 1096]
March 31, 2009
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 6, 2009


The People of the State of New York ex rel. Christopher Cassar, on Behalf of Vincent I. Love, Petitioner,
v
Vincent F. DeMarco, Sheriff of the Suffolk County Correctional Facility, Respondent.

—[*1] The Law Offices of Christopher J. Cassar, P.C., Huntington, N.Y., for petitioner.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Anne E. Oh of counsel), for respondent.

Writ of habeas corpus in the nature of an application for bail reduction upon Suffolk County indictment No. 2888A-08 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]). Mastro, J.P., Skelos, Santucci and Hall, JJ., concur.