People of the State of New York ex rel. Shaun McManus v Horn
2010 NY Slip Op 07611
Decided on October 26, 2010
Appellate Division, First Department
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on October 26, 2010
Andrias, J.P., Nardelli, Moskowitz, DeGrasse, RomÁn, JJ.

3476 891/09

[*1]The People of the State of New York Ex Rel. Shaun McManus, Petitioner-Appellant,

v

Martin F. Horn, Commissioner of the New York City Department Of Corrections, etc., Respondent-Respondent.





Robin Steinberg, The Bronx Defenders, Bronx (V. Marika Meis
of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Stanley R. Kaplan
of counsel), for respondent.

Order, Supreme Court, Bronx County (Martin Marcus, J.), entered on or about October 23, 2009, which denied petitioner's application for a writ of habeas corpus and dismissed the petition, unanimously affirmed, without costs.

The habeas court properly determined that the bail court (Steven L. Barrett, J.), was authorized to fix cash only bail.
Subdivisions (a) and (b) of CPL § 520.10(2) do not limit the discretion of a judge to direct that bail be posted in one form only.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: OCTOBER 26, 2010

CLERK

[Prior Case History: 26 Misc 3d 317.]


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