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PEOPLE (MARTINEZ) v. WARDEN

173 Misc.2d 91 (1997)

661 N.Y.S.2d 707

The People of the State of New York ex rel. Hector Martinez, Also Known as Hector Marano, by Stephen Flamhaft, Petitioner, v. Warden of Queens House of Detention, Respondent.

Supreme Court, Queens County.

May 6, 1997

Attorney(s) appearing for the Case

Stephen Flamhaft, Brooklyn, for petitioner. Richard A. Brown, District Attorney of Queens County, Kew Gardens (Marilyn J. Moriber of counsel), for respondent.

RICHARD L. BUCHTER, J.

The petitioner, in this habeas corpus proceeding, seeks release from custody on the grounds that he has been detained in violation of CPL 180.80. The sole issue presented herein is whether a valid waiver of a defendant's CPL 180.80 rights is unilaterally revocable by the defendant.

On February 26, 1997 the petitioner was arraigned on a felony complaint charging the petitioner,...

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