People ex rel. McManus v Horn
2010 NY Slip Op 07611 [77 AD3d 571]
October 26, 2010
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 15, 2010


The People of the State of New York ex rel. Shaun McManus, Appellant,
v
Martin F. Horn, Commissioner of the New York City Department of Corrections, Respondent.

—[*1] 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. Paragraphs (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. Concur—Andrias, J.P., Nardelli, Moskowitz, DeGrasse and RomÁn, JJ. [Prior Case History: 26 Misc 3d 317.]