Opinion
April 1, 1991
Appeal from the Supreme Court, Suffolk County (Stark, J.).
Ordered that the judgment is reversed, on the law and as a matter of discretion, without costs or disbursements, and the proceeding is dismissed.
In this habeas corpus proceeding, Robert Gamble is seeking a reduction in the amount of bail fixed by the County Court at the time of his arraignment on an indictment which charges him with, among other crimes, rape in the first degree and burglary in the first degree. We find that the Supreme Court, in entertaining this collateral proceeding, committed error as a matter of law when it expanded the scope of its review beyond the confines of the record made in the County Court at the time of Mr. Gamble's arraignment (see, People ex rel. Rosenthal v. Wolfson, 48 N.Y.2d 230, 232-233; People ex rel. Klein v. Krueger, 25 N.Y.2d 497). Furthermore, considering all of the factors in this case, including Mr. Gamble's criminal history, warrant history, his threats against the victim of the rape, and the absence of any substantial community ties, it is beyond question that the amount of bail set by the arraignment court did not exceed constitutional or statutory standards, and the habeas corpus court erred in substituting its discretion for that of the arraignment court (see, People ex rel. Rosenthal v. Wolfson, supra; People ex rel. Parone v. Phimister, 29 N.Y.2d 580; see also, People ex rel. Morales v. Warden, 166 A.D.2d 626; People ex rel. Meyer v. Warden of House of Detention for Men, 154 A.D.2d 413). Bracken, J.P., Kunzeman, Kooper and Harwood, JJ., concur.