Opinion
12077 Index 451523/20 Case No. 2020-03550
09-29-2020
In re the STATE of New York EX REL. H. Adam MEYER IV, Esq., on behalf of Mark Simpson, Petitioner–Appellant, v. Cynthia BRANN, etc., Respondent–Respondent.
The Legal Aid Society, New York (Henry Adam Myer IV of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Lucy B. Nicholas of counsel), for respondent.
The Legal Aid Society, New York (Henry Adam Myer IV of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Lucy B. Nicholas of counsel), for respondent.
Renwick, J.P., Gesmer, Gonza´lez, Scarpulla, JJ.
Judgment (denominated an order), Supreme Court, New York County (Daniel Conviser, J.), entered on or about August 7, 2020, denying petitioner's application for a writ of habeas corpus and dismissing the petition seeking a reduction of bail previously set in the amount of $50,000 cash or insurance company bond, or $100,000 partially secured surety bond (Diane Kiesel, J.), unanimously modified in the exercise of discretion, only to the extent of reducing bail to $50,000 partially secured surety bond, and otherwise affirmed, without costs.
On review of the entire record and with due consideration of the several factors provided in CPL 510.30(2)(a), the facts and circumstances of this case, including that petitioner is charged with nonviolent felonies, has no prior criminal record, has voluntarily returned to court after being released on a $3,000 partially secured bond, and has family ties, support our conclusion that the bail in the reduced amount indicated is sufficient to ensure petitioner's attendance (see e.g. People ex rel. Robinson v. Warden, 135 A.D.2d 421, 522 N.Y.S.2d 2 [1987] ; cf. People ex rel. Greenwald ex rel. Gristina v. Schriro, 96 A.D.3d 523, 945 N.Y.S.2d 881 [1st Dept. 2012] ).