The defendant, Andy Tyler, was arrested on June 2, 1978 for resisting arrest, escape in the third degree and disorderly conduct. The first two charges are class A misdemeanors; the third charge is a violation.
The law in effect at the time of Mr. Tyler's arrest entitled all defendants arrested in New York City for misdemeanor charges to a preliminary hearing. The relevant statute, CPL 170.75, provided as follows:
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