The determination of the Supreme Court, Richmond County, was not an improvident exercise of discretion, and did not violate "constitutional or statutory standards” (People ex rel. Klein v Kruger, 25 NY2d 497, 499; see, People ex rel. Rosenthal v Wolfson, 48 NY2d 230). Rosenblatt, J. P., Ritter, Copertino and Florio, JJ., concur.
The People of the State of New York ex rel. Joseph R. Benfante, on Behalf of Thomas Capace, Petitioner, v. Warden of Rikers Island Detention Facility, Respondent
228 A.D.2d 710644 N.Y.S.2d 642
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