Opinion
May 13, 1996
Appeal from the Supreme Court, Suffolk County (Stark, J.).
Ordered that the order is reversed, on the law, without costs or disbursements, and the proceeding is dismissed.
The court which arraigned the defendant on the underlying indictment properly considered the factors set forth in CPL 510.30 (2) in setting the amount of the defendant's bail, and its determination "was the product of `an exercise of discretion'" ( People ex rel. Mascia v. Jacquin, 184 A.D.2d 542, quoting People ex rel. Parone v. Phimister, 29 N.Y.2d 580, 581). Therefore, "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" ( People ex rel. Doyle v Jacquin, 186 A.D.2d 235; see, People ex rel. Lazer v. Warden, 79 N.Y.2d 839, 840; People ex rel. Moore v. Bednosky, 198 A.D.2d 251, 252; People ex rel. Brown v. Bednosky, 190 A.D.2d 836, 837; People ex rel. Mascia v. Jacquin, supra). Mangano, P.J., Thompson, Florio and McGinity, JJ., concur.