THE PEOPLE &C. EX REL. DAVID LAZER ON BEHALF OF ANTONIO PALMIERI, RESPONDENT,
v. WARDEN, NEW YORK COUNTY MENS' HOUSE OF DETENTION, APPELLANT. / THE PEOPLE
&C. EX REL. RORY J. CUTAIA ON BEHALF OF ROBERTO ESPOSITO, RESPONDENT, v.
WARDEN, BROOKLYN CORRECTIONAL FACILITY, APPELLANT.
79 N.Y.2d 839, 588 N.E.2d 81, 580 N.Y.S.2d 138 (1992).
January 14, 1992
1 No. 86 SSM 2
Decided January 14, 1992
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This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Submitted by Morrie I. Kleinbart, for Appellants.
Submitted by David Lazer, for Respondent Palmieri.
Submitted by Rory J. Cutaia, for Respondent Esposito.
MEMORANDUM:
The order of the Appellate Divison should be reversed, without costs,
and the Supreme Court judgments reinstated.
Relators--foreign nationals with no ties to New York or the United
States--are charged with Attempted Grand Larceny in the Third Degree
(a Class C felony) for their complicity in a scheme to sell allegedly
worthless promissory notes to an undercover detective. The notes,
issued by an agency of the Indonesian government, had a face value in
excess of $8,000,000.
The nisi prius court, after considering all the statutory factors
(see, CPL 510.30(2)), denied bail to relator Esposito and set bail at
$150,000 for relator Palmieri. That court found that the case against
relators was strong; would likely result in a conviction; and that a
sentence of incarceration would be appropriate. In addition, in
relation to the transactions at issue, the record indicated that
Esposito was linked to an alleged financier and arms dealer for the
PLO (___ AD2d ___, ___). As there was no abuse of discretion by the
nisi prius court, its determinations were "beyond correction in habeas
corpus" (People ex rel. Parker v. Hasenauer, 62 NY2d 777, 779; see
also People ex rel. Weisenfeld v Warden 37 NY2d 760, 761).
* * * * * * * * * * * * * * * * *
On review of submissions pursuant to section 500.4 of the Rules, order
SNIPPETS:
THE PEOPLE &C. EX REL. DAVID LAZER ON BEHALF OF ANTONIO PALMIERI, RESPONDENT,
WARDEN, NEW YORK COUNTY MENS' HOUSE OF DETENTION, APPELLANT.
This memorandum is uncorrected and subject to revision before publication in the New York
Submitted by David Lazer, for Respondent Palmieri.
Submitted by Rory J. Cutaia, for Respondent Esposito.
The order of the Appellate Divison should be reversed, without costs, and the Supreme Court
The nisi prius court, after considering all the statutory factors ), denied bail to relator
As there was no abuse of discretion by the nisi prius court, its determinations were "beyond
On review of submissions pursuant to section 500.4 of the Rules, order reversed, without
Judges Simons, Kaye, Alexander, Titone, Hancock and Bellacosa concur.
Chief Judge Wachtler took no part.
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