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PEOPLE v. MARTELL

75 A.D.2d 535 (1980)

The People of the State of New York, Respondent, v. Ismael Martell, Appellant

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

April 17, 1980

Fein, J., concurs in the result in the following memorandum:

I concur in result on constraint of People v Pickett (71 A.D.2d 575), in which I dissented. Defendant was arrested on an unrelated charge on May 9, 1978 at about 11:00 P.M. He was taken to the holding pens at the Bronx Criminal Court awaiting arraignment. On May 11, 1978, prior to arraignment on the unrelated charge, defendant was removed from the court...

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