Opinion
9283 Ind. 1987/18 Index 451527/18 SCI 30124/18
05-09-2019
In re The PEOPLE of the State of New York, EX REL. Ariel SCHNELLER, on behalf of Grant Hall, Petitioner–Appellant, v. Cynthia BRANN, etc., Respondent–Respondent.
Janet E. Sabel, The Legal Aid Society, New York (Elizabeth Bender of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Juan M. Maldonado of counsel), for respondent.
Janet E. Sabel, The Legal Aid Society, New York (Elizabeth Bender of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Juan M. Maldonado of counsel), for respondent.
Friedman, J.P., Renwick, Kapnick, Kahn, Oing, JJ.
Judgment (denominated an order), Supreme Court, New York County (Ellen N. Biben, J.), entered on or about August 2, 2018, denying the petition for a writ of habeas corpus and dismissing the proceeding, unanimously affirmed, without costs, reduction of bail pursuant to an interim order of a Justice of this Court revoked, and bail previously set in the amount of $ 40,000 bond or $ 30,000 cash reinstated.
Upon our review of the record, and considering the factors set forth in CPL 510.30(2)(a), we find that the bail court (Laura A. Ward, J.) did not abuse its discretion in increasing bail to the amount indicated, in light of the seriousness of the charges, the likelihood of conviction, the potential sentence, and petitioner's lack of community ties (see e.g. People ex rel. Kuby v. Merritt, 96 A.D.3d 607, 947 N.Y.S.2d 454 [1st Dept. 2012], lv denied 19 N.Y.3d 813, 2012 WL 4074179 [2012] ). Apparently, petitioner moved to New York City from his home state of Georgia just a few weeks before his arrest, and was living out of his car before it was impounded.
We do not reach the question of whether a bail-setting court is constitutionally required to consider a defendant's ability to afford the bail, because the record indicates that the bail court considered ability to pay as a significant factor in this case (see People ex rel. Kirshbaum v. Schriro, 100 A.D.3d 571, 954 N.Y.S.2d 449 [1st Dept. 2012] ).