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PEO EX REL. ALVAREZ v. WARDEN

178 Misc.2d 254 (1998)

680 N.Y.S.2d 153

The People of the State of New York ex rel. Elvia Alvarez, Petitioner, v. Warden, Bronx House of Detention, Respondent.

Supreme Court, Bronx County.

September 11, 1998

Attorney(s) appearing for the Case

Legal Aid Society (John Needham of counsel), for petitioner. Robert T. Johnson, District Attorney of Bronx County (Jennifer Jaekel and Maureen Moran of counsel), for respondent.

DAVID STADTMAUER, J.

This is a writ of habeas corpus brought by the inmate claiming that he is being held illegally due to failure of the People to file an information "for a period of more than five days" following the onset of custody. The relevant statute (CPL 170.70) provides that:

"Upon application of a defendant against whom a misdemeanor complaint is pending in a local criminal court, and who, either at the time of his arraignment thereon...

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