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PEOPLE EX REL. SCHREIBER v. WARDEN OF THE QUEENS HOUSE OF DETENTION FOR MEN

282 A.D.2d 555 (2001)

723 N.Y.S.2d 96

THE PEOPLE OF THE STATE OF NEW YORK ex rel. KENNETH J. SCHREIBER, on Behalf of RALPH ROMANO, JR., Respondent, v. WARDEN OF THE QUEENS HOUSE OF DETENTION FOR MEN, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided April 9, 2001.

Ordered that the judgment is reversed, on the law, without costs or disbursements, and the proceeding is dismissed.

Considering, among other things, "[t]he nature of the offense, probability of conviction, and severity of the sentence which may be imposed, all increasing the risk of flight or unavailability for trial" (People ex rel. Parone v Phimister, 29 N.Y.2d 580, 581; see, People ex rel. Mascia v Jacquin,

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