People ex rel. Bazile, on behalf of Glover v. Toulon
Attorneys and Parties
Brief Summary
Criminal procedure—pretrial detention and bail via habeas corpus.
Not specified in the decision.
Pretrial detention without reasonable bail was modified by fixing bail and conditions and directing release upon compliance.
The court sustained the writ and set reasonable bail with stringent conditions, including electronic monitoring under CPL 510.40(4)(c) [authorizes electronic monitoring by a qualified entity as a condition of release] and procedures for violations under CPL 510.40(4)(d), to ensure compliance and appearance in court.
Background
In an original habeas corpus proceeding, the petitioner (People ex rel. Pierre Bazile, on behalf of Keith L. Glover) sought release on recognizance or reasonable bail in connection with Suffolk County Indictment No. 72463/2025. The Appellate Division sustained the writ to the extent of setting bail and imposing restrictive conditions, including electronic monitoring, home confinement with limited exceptions (attorney, doctors, court), passport surrender or a no-passport affidavit and a prohibition on applying for new or replacement passports, and an affidavit agreeing to waive opposition to extradition if he leaves the jurisdiction.
Lower Court Decision
Not discussed in the opinion; the decision proceeds directly to set bail and conditions in the habeas corpus proceeding.
Appellate Division Reversal
The court set bail at $20,000 (insurance company bond), or $75,000 (partially secured bond with 10% down), or $10,000 cash, and ordered release upon proof of posting and compliance with conditions: electronic monitoring by a qualified provider pursuant to CPL 510.40(4)(c), home confinement except for legal/medical/court visits with direct travel, surrender of any passports or an affidavit of no passport with a promise not to apply for one, and an affidavit agreeing to waive the right to oppose extradition if he leaves the jurisdiction. Violations of monitoring conditions must be reported to the Suffolk County District Attorney, with further proceedings under CPL 510.40(4)(d) to be held in Supreme Court, Suffolk County.
Legal Significance
Demonstrates the Appellate Division’s authority in a habeas corpus proceeding to set reasonable bail and impose robust non-monetary conditions—such as electronic monitoring under CPL 510.40(4)(c) and home confinement—to ensure court attendance, and to direct immediate release upon compliance. It also highlights permissible bail structures, including a partially secured bond with 10% down, and ancillary safeguards like passport surrender and extradition waivers.
In an Article 70 habeas corpus application, the Appellate Division may fix reasonable bail and stringent conditions—including electronic monitoring and home confinement—and order immediate release once those conditions are met.