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PEOPLE v. MATTHEWS

110 Misc.2d 863 (1981)

The People of the State of New York, Plaintiff, v. John Matthews, Defendant.

Criminal Court of the City of New York, Bronx County.

September 18, 1981

Attorney(s) appearing for the Case

Caesar Cirigliano and Amy Berlin for defendant. Mario Merola, District Attorney (Mark Helweil of counsel), for plaintiff.

WILLIAM D. FRIEDMANN, J.

The sole issue before the court is whether the defendant must be released on his own recognizance from the custody of the New York City Department of Correction pursuant to CPL 170.70. This section, which became effective September 1, 1971, provides as follows:

"Upon application of a defendant against whom a misdemeanor complaint is pending in a local criminal court, and who, either at the time of his arraignment thereon...

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