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PEOPLE EX REL MACK v. WARDEN

145 Misc.2d 1016 (1989)

The People of the State of New York ex rel. Marvin Mack, by Michael P. Padden and Another, Petitioners, v. Warden, Respondent. The People of the State of New York ex rel. Danielle Evering, by Alan Rosenberg, Petitioner, v. New York City Department of Corrections, Respondent.

Supreme Court, Kings County.

November 30, 1989

Attorney(s) appearing for the Case

Michael P. Padden and Diana M. Boyar for Marvin Mack. Alan Rosenberg for Danielle Evering. Elizabeth Holtzman, District Attorney (Donald Berk of counsel), for Warden and another.

RICHARD J. GOLDMAN, J.

The court has consolidated the two above-entitled matters for the purpose of this decision because they involve identical issues of law. Both defendants claim that they are being illegally incarcerated because the misdemeanor complaint upon which each is being held has not been properly converted to a misdemeanor information within the statutory time frame (CPL 170.70). Both defendants...

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