PEOPLE v. MCMILLAN


125 Misc.2d 177 (1984)

The People of the State of New York, Plaintiff, v. Naomi McMillan, Defendant.

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

August 13, 1984


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Scott E. Hershman of counsel), for plaintiff. Caesar Cirigliano and Donna C. Chin for defendant.


ALAN D. MARRUS, J.

This case presents for review an issue which arises in thousands of misdemeanor drug possession cases each year and which has divided the Judges of the New York City Criminal Court more than any other: May a defendant charged with misdemeanor possession of a controlled substance be detained in jail beyond five days from arraignment solely upon the affidavit of a police officer that he observed the defendant in possession of the controlled...

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