New York Court of Appeals

The People of the State of New York Ex Rel. Carl Shapiro, Appellant v. Keeper of the City Prison (Tombs, New York…

April 22, 1943290 N.Y. 393

Summary

The Court affirmed the Appellate Division's order, holding that the constitutional prohibition against excessive bail does not create a right to bail in all non‑capital felony cases, that a Supreme Court Special Term may not set bail in a habeas corpus proceeding reviewing a prior denial, and that the General Sessions judge's denial of bail was a proper exercise of discretion. The decision rests on statutory provisions and the limited scope of habeas corpus review.