Opinion
February 16, 1993
Appeal from the Supreme Court, Suffolk County (Stark, J.).
Ordered that the judgment is reversed, on the law, without costs or disbursements, and the proceeding is dismissed.
Considering the nature of the offense, the probability of conviction, and the severity of the sentence which may be imposed, all increasing the risk of flight or unavailability for trial (see, People ex rel. Parone v Phimister, 29 N.Y.2d 580, 581; see also, CPL 510.30), we conclude that the bail set by the court which originally arraigned the defendant was the product of an exercise of discretion resting upon a rational basis (see, People ex rel. Parone v Phimister, supra, at 580). It follows that the habeas corpus court exceeded the narrow scope of the review powers available to it, and erred in substituting its discretion for that of the arraignment court (see, People ex rel. Lazer v Warden, 79 N.Y.2d 839; People ex rel. Mascia v Jacquin, 184 A.D.2d 542). Thompson, J.P., Rosenblatt, Lawrence and Miller, JJ., concur.