Opinion
2013-04-25
The PEOPLE of the State of New York ex rel. Risa GERSON on behalf of George Oliveras, Petitioner–Appellant, v. Dora B. SCHRIRO, etc., Respondent–Respondent.
Richard M. Greenberg, Office of the Appellate Defender, New York (Risa Gerson of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Mary Jo L. Blanchard of counsel), for respondent.
Richard M. Greenberg, Office of the Appellate Defender, New York (Risa Gerson of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Mary Jo L. Blanchard of counsel), for respondent.
Judgment, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered October 9, 2012, denying the writ of habeas corpus and dismissing the petition, unanimously affirmed, without costs.
The habeas court properly found that the bail court (Robert A. Sackett, J.) did not abuse its discretion in denying bail pendingpetitioner's retrial for second-degree murder, a retrial that had been ordered by this Court in People v. Oliveras, 90 A.D.3d 563, 936 N.Y.S.2d 12 [1st Dept. 2011],lv. granted2012 N.Y. Slip Op. 74825[U], 2012 WL 1948573 (May 31, 2012). “The record supports the bail court's determination, based upon the factors enumerated in CPL 510.30(2)(a), that petitioner is a flight risk, given the severity of the crime charged (murder) [and] the likelihood of a conviction and lengthy sentence” ( People ex rel. Litman v. Warden of Manhattan House of Detention, 23 A.D.3d 258, 258, 804 N.Y.S.2d 78 [1st Dept. 2005],lv. denied6 N.Y.3d 708, 812 N.Y.S.2d 443, 845 N.E.2d 1274 [2006] ).
The record fails to support petitioner's assertion that the court based its determination entirely on the possibility that further appellate review might result in reinstatement of petitioner's conviction. In any event, the possibility of reinstatement was an important consideration.