People ex rel. Boksenbaum v. Maginley-Liddie

Summary

The Appellate Division, Second Department sustained a writ of habeas corpus in part and set bail for Edwin Henao in connection with a Queens County indictment. The court imposed bail alternatives and conditions including electronic monitoring, home confinement with limited travel, passport surrender or attestations, and waiver of opposition to extradition.

Holdings

1. The writ of habeas corpus was sustained to the extent that bail was set, rather than ordering release on recognizance.
2. Bail was set at $250,000 by insurance-company bail bond, $250,000 by a partially secured bond with 10% down, or $100,000 cash, subject to electronic monitoring, specified home-confinement and travel restrictions, passport requirements, and an extradition-related waiver.

Questions Presented

1. Whether habeas relief should be granted to release Edwin Henao on his own recognizance or set reasonable bail.
2. What bail amount, forms of security, and nonmonetary conditions should govern Henao's release.

Disposition

writ_granted