At arraignment on the indictment, defense counsel requested that the recognizance be continued in this case. A copy of the minutes of that arraignment are attached. After defendant was arraigned, the prosecutor stated that the plea offer was a C felony and two years, and requested $10,000 bail. In my bail application, I pointed out that defendant had made both appearances in Criminal Court, remained in phone contact with me, and that five months had elapsed since the Criminal Court arraignment and the indictment. Additionally, I pointed out that the Criminal Justice Agency had recommended release on recognizance at arraignment, and noted that defendant was employed, had four children living with himself and his wife, and had four years of uninterrupted probation supervision on his prior case. Without stating any reason, Justice DONALD DUCK set bail of $7500 fully secured bond or cash.
7. The detention of the petitioner is illegal as the bail set by Justice DONALD DUCK constitutes an abuse of discretion, and is unconstitutional and constitutes excessive bail, prohibited by the Eighth Amendment and the New York State Constitution. Petitioner’s position is set out more fully in the accompanying memorandum of law.
8. Petitioner has not been committed and is not detained by virtue of any judgment, decree, final order or process of mandate issued by a Court or Judge of the United States in a case where such Court or Judge has exclusive jurisdiction to order him released.
9. Petitioner is not detained by virtue of any final judgment or decree of a competent tribunal or civil or criminal jurisdiction. Petitioner has no other holds.
10. Petitioner has made no prior application for the relief requested herein and has not filed an appeal.
11. Part 1 has been designated by the Presiding Justice of the Supreme Court, New York County, Criminal Division, as the return court for writs of habeas corpus, and the clerk in that part has stated that the Court is...