Opinion
October 5, 1970
In a habeas corpus proceeding, the appeal is from a judgment of the Supreme Court, Suffolk County, entered September 10, 1970, which admitted the relator to bail in the sum of $15,000. Judgment reversed, on the law, without costs, and writ dismissed, without prejudice to renewal of the application before County Judge LIPETZ. On August 4, 1970 relator was indicted for murder and for reckless endangerment in the first degree. On August 11, 1970 he was arraigned before County Judge LIPETZ. While Judge LIPETZ at that time denied bail, that was only a temporary, not a final, disposition. The court specifically stated that, if relator could present facts to the court which would indicate that bail should be set, the court would give him an opportunity to do so, but that at that time the court did "not know enough about the situation except what appears in the indictment and the statements made by the assistant district attorney". Under the circumstances, the renewed application for bail should have been made to County Judge LIPETZ. Rabin, Acting P.J., Hopkins, Munder, Martuscello and Benjamin, JJ., concur.