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PEOPLE v. RODRIGUEZ

152 Misc.2d 501 (1991)

The People of the State of New York, Plaintiff, v. Rafael Rodriguez, Defendant.

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

November 6, 1991

Attorney(s) appearing for the Case

Robert E. Heaphy for defendant. Robert M. Morgenthau, District Attorney (Kristen Canberg of counsel), for plaintiff.

PETER J. BENITEZ, J.

This case presents a recurring issue in the Criminal Court. The issue is: where a defendant has been arraigned on a misdemeanor complaint and, at arraignment or within five days, the complaint has been replaced by a misdemeanor information (CPL 170.65), when must the court release the defendant who has been held in custody pending the disposition of the action if the People have served...

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