PEOPLE v. CORTEZ


183 Misc.2d 657 (2000)

706 N.Y.S.2d 821

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. WILLIAM CORTEZ, Defendant.

Criminal Court, Bronx County.

February 8, 2000.


Attorney(s) appearing for the Case

Legal Aid Society, Bronx (Michele Maxian and Andrew Mandel of counsel), for defendant.

Robert T. Johnson, District Attorney of Bronx County (Nadia Chanza of counsel), for plaintiff.


OPINION OF THE COURT

JUDITH LIEB, J.

The issue before this court is whether a court may, on a Dunaway hearing, determine whether there is probable cause to support a warrantless arrest without the participation of the defendant or the defendant's counsel. For the reasons that follow, this court concludes that it has authority to do so in appropriate circumstances, which are present here.

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