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THE PEOPLE OF THE STATE OF NEW YORK ex rel. ANGELO CATALANO, Respondent, against WARDEN OF KINGS COUNTY CIVIL JAIL, Respondent. THE PEOPLE OF THE STATE OF NEW YORK, Appellant.

In a habeas corpus proceeding, order dismissing writ and directing reduction of bail in the event that a criminal cause is not tried on or before February 15, 1950, modified on the law and the facts by striking out the second ordering paragraph and by providing in lieu thereof the following: "Ordered, that this determination is without prejudice to making of another application for a writ of habeas corpus in the event that the trial of the case of `People v. Jack Parisi' is not commenced on or before March 1, 1950." As so modified, the order is affirmed. The fixation of the amount of bail in the order of commitment was, on the facts, within the discretion of the court. Any future application for reduction of bail must be determined on the facts existent as of the time of the making of such application. Carswell, Acting P.J., Johnston, Sneed, Wenzel and MacCrate, JJ., concur.

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PEOPLE EX REL. CATALANO v. WARDEN OF KINGS COUNTY
(Feb 3, 1950)