People ex rel. McManus v Horn, 2010 NY Slip Op 07611 [77 AD3d 571]

October 26, 2010

Appellate Division, First Department

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Robin Steinberg, The Bronx Defenders, Bronx (V. Marika Meis of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Stanley R. Kaplan of counsel), for respondent.

Order, Supreme Court, Bronx County (Martin Marcus, J.), entered on or about October 23, 2009, which denied petitioner’s application for a writ of habeas corpus and dismissed the petition, unanimously affirmed, without costs.

The habeas court properly determined that the bail court (Steven L. Barrett, J.), was authorized to fix cash only bail. Paragraphs (a) and (b) of CPL 520.10 (2) do not limit the discretion of a judge to direct that bail be posted in one form only. Concur—Andrias, J.P., Nardelli, Moskowitz, DeGrasse and RomÁn, JJ. [Prior Case History: 26 Misc 3d 317.].