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A judge in Cohoes City Court in Albany County ruled Monday that New York’s bail reform law, which has been effect for just over a month, is unconstitutional as applied to a misdemeanor case in which the defendant had a history of failing to appear.

Judge Thomas Marcelle objected to the bail reform law on separation-of-powers grounds, writing that the state legislature should not have interfered with judges’ ability to control how and when a defendant appears in court.

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Jane Wester

Jane Wester is a litigation reporter for the New York Law Journal. Email her at jwester@alm.com or find her on Twitter @janewester.

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