People ex rel. Boksenbaum v. Maginley-Liddie

Summary

The Appellate Division, Second Department, held that a defendant charged with felony offenses while on parole was not charged with a bail-qualifying offense under CPL 510.10(4)(r), which refers to probation and postrelease supervision but not parole. The court also held that the charged drug-related offenses were not bail qualifying under CPL 510.10(4)(s). It sustained the habeas corpus writ to the extent of remitting the matter to the Supreme Court, Queens County, for further proceedings.

Holdings

1. A felony charge is not rendered bail-qualifying under CPL 510.10(4)(r) merely because the defendant is on parole; the statute refers to serving a sentence of probation or being released to postrelease supervision, not parole.
2. Reid's charged drug-related offenses were not bail-qualifying under CPL 510.10(4)(s).

Questions Presented

1. Whether a defendant charged with a felony while on parole is charged with a bail-qualifying offense under CPL 510.10(4)(r), which refers to probation or postrelease supervision.
2. Whether Reid's charged drug-related offenses were independently bail-qualifying under CPL 510.10(4)(s).

Disposition

remanded