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PEOPLE v. SCHENANDOAH

10 A.D.2d 342 (1960)

The People of the State of New York, Respondent, v. Clifford Schenandoah, Appellant

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

April 27, 1960.

Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer & Fleming (Herald P. Fahringer, Jr., of counsel), for appellant.

Carman Ball, District Attorney (Leonard F. Walentynowicz of counsel), for respondent.

Present — WILLIAMS, P. J., BASTOW, GOLDMAN, McCLUSKY and HENRY, JJ.

WILLIAMS, P. J.

The defendant has appealed from a judgment convicting him of two counts of robbery in the first degree.

He was arrested at about 11:00 P.M. on a Tuesday night. He was not arraigned until Thursday at 2:00 P.M., or approximately 39 hours after arrest. The only excuse given by the police for the length of time he was held without arraignment was that when he was arrested, "He was too drunk...

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