Summary
In People ex rel. Becker v. Mitchell (185 A.D.2d 133, 134), the Appellate Division, First Department, endorsed the earlier conclusion by holding: "We do not express any opinion on whether revocation of bail was warranted, but do find that it was error to remand petitioners without bail based on Grand Jury minutes underlying indictment number 2778/92, without giving counsel access to those minutes (People ex rel. Ryan v. Warden, 113 A.D.2d 116)."
Summary of this case from People v. McDonnellOpinion
July 2, 1992
Appeal from the Supreme Court, New York County (George F. Roberts, J.).
We do not express any opinion on whether revocation of bail was warranted, but do find that it was error to remand petitioners without bail based on Grand Jury minutes underlying indictment number 2778/92, without giving counsel access to those minutes (People ex rel. Ryan v. Warden, 113 A.D.2d 116). We also express no opinion on the denial of bail to petitioners under indictment number 2778/92, pursuant to which petitioners remain incarcerated, as that case is not before us.
Concur — Sullivan, J.P., Rosenberger, Ross, Smith and Rubin, JJ.