Court's Jurisdiction to Entertain a Writ of Habeas Corpus Based on the Denial of Bail
In People ex rel. Shapiro v. Keeper of City Prison (290 NY 393, 399 ), the Court of Appeals found that a reviewing court had the jurisdiction to entertain a writ of habeas corpus based on the denial of bail and that "its inquiry was only as to the legality of the denial of bail, as to whether or not the denying Court has abused its discretion by denying bail without reason or for reasons insufficient in law."
The petitioner here seeks review of the court's determination that the bail posted was inadequate to secure the petitioner's return to court, that the determination effectively denied bail to petitioner, and therefore this Court has jurisdiction to entertain the writ of habeas corpus.
Of course the only review will be as to whether the court's determination was arbitrary, capricious, or an abuse of discretion in reaching its conclusion (see People ex rel. Masselli v. Levy, 126 AD2d 501, 503 [1st Dept 1987] [holding that the function of a habeas corpus court "is solely to determine whether the constitutional or statutory standards inhibiting excessive bail or the arbitrary refusal of bail are violated"]; see also, People ex rel. Rosenthal v. Wolfson, 48 NY2d 230 ).