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WILLIAMS v. WARD

No. 1662, Docket 87-7572.

845 F.2d 374 (1988)

John WILLIAMS, Leonard Altman, Anthony Richards, Charles Lewis, individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. Benjamin WARD, in his official capacity as Police Commissioner of the City of New York; New York City Police Department; Richard J. Koehler, in his official capacity as Commissioner of Correction of the City of New York; New York City Department of Correction; Edward I. Koch, in his official capacity as Mayor of the City of New York; the City of New York, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 19, 1988.

As Amended April 26, 1988.

Attorney(s) appearing for the Case

Jeffrey E. Glen, New York City (Peter L. Zimroth, Corp. Counsel of the City of New York, New York City, Terrence R. Real, Dynda Andrews, of counsel), for defendants-appellants.

Steven G. Asin, New York City (Caesar D. Cirigliano, Attorney-in-Charge, Criminal Defense Div., The Legal Aid Soc., New York City, Ivar Goldart, of counsel), for plaintiffs-appellees.

Before WINTER and MAHONEY, Circuit Judges, and STEWART, District Judge.

WINTER, Circuit Judge:

Under current procedures in New York City, a person who is arrested without a warrant first appears before a judicial officer at an arraignment in the City's Criminal Court. At that arraignment, the arrestee is afforded counsel, a probable-cause determination is made, pretrial release conditions are set, plea bargains are often struck, and charges may be dropped. Over one-third of such arrestees have their cases finally disposed of at arraignment...

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