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People (ex rel. Kuby) v. Anderson

Habeas Court Declines to Substitute Discretion for Nisi Prius' Court on Bail Decision

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The following papers were considered:Order to Show Cause-Verified Petition               1-2Memorandum of Law-Exhibits             1-5 3-8Verified Answer-Affidavits of Service (2)            9-11Memorandum of Law-Exhibits A-G      12-19DECISION AND ORDER

*1  Petitioner seeks an order, pursuant to CPL §510.30, releasing the relator upon an unsecured surety bond executed by her three sisters, her eldest sister’s fiancé and her own execution of a personal recognizance bond. By way of background, this is an action for habeas corpus relief by a prisoner detained by the respondent in lieu of posting a pre-trial bail or bond. The relator is awaiting trial on Dutchess County Superceding Indictment #5/07. This indictment charges Ms. Sanabria with one Class B Violent Felony of Assault in the First Degree, five counts of the

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