Justice Richard Lee Price
By a writ of habeas corpus, Pervez moved to modify an arraignment court's decision to remand him without bail. Pervez was charged with grand larceny, and a judge remanded him to custody. A grand jury returned a true bill against Pervez charging him with enterprise corruption, among other things. Pervez's new counsel urged the court to reconsider the initial denial of bail, but the application was rejected. This court found Pervez failed to establish that the prior judge's decision denying bail constituted an abuse of discretion. It found the prior justice, with clarity and specificity, articulated the precise basis for the decision to deny bail. That judge noted Pervez was a serious flight risk, stating when investigators arrived at his home to arrest him, they observed the house's contents packed in boxes. Further, the judge stated there was the possibility that there were unknown assets, stating under the circumstances, remand was appropriate as any number put on the case for bail would be arbitrary. This court ruled the denial of bail was necessary and warranted under Criminal Procedure Law §510.30(2)(1), hence, denied modification.
