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PEOPLE v. HERNANDEZ

145 Misc.2d 491 (1989)

The People of the State of New York, Plaintiff, v. Marcelino Hernandez, Defendant.

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

October 24, 1989

Attorney(s) appearing for the Case

Jennifer Fiess for defendant. Elizabeth Holtzman, District Attorney (Conrad Ledoux of counsel), for plaintiff.

MICHAEL A. GARY, J.

THE ISSUE

CPL 170.70 provides that a defendant in custody pursuant to a misdemeanor complaint must be released on the so-called "170.70 day" if the complaint is not replaced by an information.1 The issue is whether the People satisfy the requirement of CPL 170.70 simply by converting one count of a complaint on the "170.70 day".

PROCEDURAL...

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