PEOPLE EX REL MAXIAN v. BROWN


164 A.D.2d 56 (1990)

The People of the State of New York ex rel. Michele Maxian, on Behalf of Damon Roundtree, et al., Respondents, v. Lee Brown, as Commissioner of The New York City Police Department, et al., Appellants The People of the State of New York ex rel. Martin Murphy, on Behalf of James Lovells, et al., Respondents, v. Lee Brown, as Commissioner of The New York City Police Department, et al., Appellants

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

October 30, 1990


Attorney(s) appearing for the Case

Fay Leoussis of counsel (Leonard Koerner, Francis F. Caputo and Stephen J. McGrath with her on the brief; Victor A. Kovner, Corporation Counsel, attorney), for appellants.

Michele Maxian of counsel (Susan L. Hendricks and Ivar Goldart with her on the brief; Robert M. Baum, attorney), for respondents.

Henry J. Steinglass (Ursula Bentele with him on the brief), for New York Criminal Bar Association and others, amici curiae.

KASSAL, ELLERIN, SMITH and RUBIN, JJ., concur.


MURPHY, P. J.

Petitioners in these consolidated habeas corpus proceedings are persons arrested without warrants and thereafter detained by the police for varying periods while awaiting arraignment. Petitioners have challenged the legality of their prearraignment detention arguing, in reliance upon certain State statutory and constitutional provisions, that their detention was impermissibly prolonged. It is not...

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