Opinion
February 10, 1994
Appeal from the Supreme Court, Kings County (Vaccaro, J.).
Ordered that the judgment is reversed, on the law, without costs or disbursements, and the proceeding is dismissed.
Considering among other things, "[t]he nature of the offense[s], probability of conviction, and severity of the sentence which may be imposed, all increasing the risk of flight or unavailability for trial" (People ex rel. Parone v. Phimister, 29 N.Y.2d 580, 581; People ex rel. Mascia v. Jacquin, 184 A.D.2d 542), we conclude that the denials of the petitioner's motions to set bail, both by the arraignment court and by the court on a subsequent bail application, were the product of the courts' "exercise of discretion resting upon a rational basis" (People ex rel. Parone v. Phimister, supra, at 581). 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 other courts (see, People ex rel. Lazer v Warden, 79 N.Y.2d 839; People ex rel. Parker v. Hasenauer, 62 N.Y.2d 777, 779). Mangano, P.J., Thompson, Sullivan and Balletta, JJ., concur.