People ex rel. Battisti v Commissioner of the N.Y. City Dept. of Corrections
2011 NY Slip Op 08623 [89 AD3d 1046]
November 22, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 4th, 2012


The People of the State of New York ex rel. Anthony M. Battisti, on Behalf of John Kellerman, Petitioner,
v
Commissioner of the New York City Department of Corrections, Respondent.

—[*1] Anthony M. Battisti, Glendale, N.Y., petitioner pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Brian Kohm of counsel), for respondent.

Writ of habeas corpus in the nature of an application to fix bail upon Queens County indictment No. 3264/2010.

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

The determination of the Supreme Court, Queens 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., Hall, Sgroi and Cohen, JJ., concur.