PEOPLE EX REL. TAYLOR v. WARDEN, RIKERS ISLAND CORRECTIONAL FACILITY


50 A.D.3d 282 (2008)

853 N.Y.S.2d 882

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ROY TAYLOR, Appellant, v. WARDEN, RIKERS ISLAND CORRECTIONAL FACILITY, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided April 1, 2008.


Contrary to petitioner's contention, the record is sufficient to permit review. While petitioner alleged a violation of CPL 180.80, it is clear from the face of the petition that petitioner's lawyer had waived the requirement that a hearing be held within 144 hours of petitioner's arrest (see CPL 180.80 [1]). In any event, even if there had been a CPL 180.80 violation at the inception of the underlying criminal case, that would not presently entitle petitioner...

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