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PEOPLE v. SMILEY

3 Misc.3d 430 (2004)

776 N.Y.S.2d 710

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. THOMAS SMILEY, Defendant.

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

January 14, 2004.

Attorney(s) appearing for the Case

Legal Aid Society (Samuel Getz of counsel), for defendant.

Charles J. Hynes, District Attorney (Roland Klengler of counsel), for plaintiff.

OPINION OF THE COURT

WILLIAM E. GARNETT, J.

When an accused waives extradition and is returned to New York, when is the defendant deemed under arrest for the purpose of setting the "180.80" date?

In this case, the defendant was detained in Florida on a New York extradition request. The defendant subsequently waived extradition and was returned to New York. New York State law enforcement officers took custody...

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