People ex rel. Lazzaro v Warden, Rikers Is. Corr. Facility
2013 NY Slip Op 01989 [104 AD3d 885]
March 22, 2013
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 24, 2013


The People of the State of New York ex rel. Lance Lazzaro, on Behalf of Kaseem Smallwood, Petitioner,
v
Warden, Rikers Island Correctional Facility, Respondent.

[*1] Lance Lazzaro, Brooklyn, N.Y., petitioner pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Nicole Murphy of counsel), for respondent.

Writ of habeas corpus in the nature of an application to set bail upon Kings County indictment No. 8704/12.

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]). Rivera, J.P., Dickerson, Leventhal and Roman, JJ., concur.