PEOPLE (APONTE) v. WARDEN


146 Misc.2d 386 (1990)

The People of the State of New York ex rel. Alberto Aponte, by Martin S. Gorfinkel, Petitioner, v. Warden, Rikers Island, Respondent.

Supreme Court, Kings County.

January 12, 1990


Attorney(s) appearing for the Case

Martin S. Gorfinkel for defendant. Elizabeth Holtzman, District Attorney (Michael Galeno of counsel), for People.


RICHARD J. GOLDMAN, J.

Defendant seeks release from custody on the ground that the District Attorney has not filed an indictment against him within 45 days of the commencement of his confinement (CPL 190.80).

On September 26, 1989 defendant was arraigned in Criminal Court and bail was set at $10,000. Within the time prescribed by CPL 180.80, the District Attorney filed a written certification that...

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