Opinion
May 6, 1996
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.
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, 29 N.Y.2d 580; CPL 510.30). "Only if the criminal court's bail action is not supportable may the habeas corpus court modify or undo the criminal court's determination on bail" ( People ex rel. Klein v. Krueger, 25 N.Y.2d 497, 502-503; see also, People ex rel. Lazer v. Warden, 79 N.Y.2d 839). 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, supra; People ex rel. Brown v. Bednosky, 190 A.D.2d 836). Miller, J.P., O'Brien, Copertino and Pizzuto, JJ., concur.