Defendant, in custody, charged with criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03 [a class A misdemeanor]) and criminal possession of a weapon in the third degree (Penal Law § 265.02 [a class D felony]), moved on the morning of December 21, 1988 to be released on his own recognizance pursuant to CPL 180.80 on the ground that he was being held in custody on a felony complaint. The...
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