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PEOPLE (NEUFELD) v. MCMICKENS

117 A.D.2d 243 (1986)

The People of the State of New York ex rel. Russell Neufeld, on Behalf of Roberto Garcia, Respondent, v. Jacqueline McMickens, as Commissioner of Correction of The City of New York, Appellant

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

May 27, 1986

Attorney(s) appearing for the Case

John J. Santucci, District Attorney (Jeanette Lifschitz of counsel), for appellant.

Caesar D. Cirigliano (Russell Neufeld, petitioner pro se, Arnold S. Cohen, Lynn Calvacca and Deborah A. Ezbitski of counsel), for respondent.

THOMPSON and WEINSTEIN, JJ., concur with KUNZEMAN, J; GIBBONS, J. P., dissents and votes to affirm the judgment appealed from, with an opinion.

KUNZEMAN, J.

Roberto Garcia was arrested on Tuesday, February 19, 1985, and charged with petit larceny, criminal possession of stolen property in the third degree, and criminal possession of a hypodermic instrument. He was arraigned in the Criminal Court of the City of New York, Queens County, that same day before Judge Beldock, who set bail and then determined that the day by which the misdemeanor complaint...

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