PEOPLE EX REL. TAYLOR v. MELONI

Judgment unanimously reversed, petition dismissed and bail reinstated in the amount of $500,000. Memorandum: The judgment is reversed and bail is reinstated in the amount of $500,000. When reviewing a bail determination, the habeas corpus court is limited to the record that was before the nisi prius court, and evidence of a change in circumstances which may affect a bail determination must be submitted to the bail-setting court for reconsideration. The decision of that court on the renewal of the bail application would then be subject to review by writ of habeas corpus ( People ex rel. Rosenthal v Wolfson, 48 N.Y.2d 230). The habeas corpus court erred by considering evidence of the bail status of a codefendant. "To receive new evidence would be both to frustrate the integrity of the review function and to undertake a de novo bail determination. This the habeas corpus court may not do" ( People ex rel. Rosenthal v Wolfson, supra, p 233).