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PEOPLE v. LOPEZ

19 Misc.3d 465 (2008)

852 N.Y.S.2d 744

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. JOSEPH LOPEZ, Defendant.

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

February 25, 2008.

Attorney(s) appearing for the Case

Legal Aid Society (Seymour James and Marianna Lowenfeld of counsel), for defendant.

Charles J. Hynes, District Attorney (John Carlton of counsel), for plaintiff.

OPINION OF THE COURT

JOHN H. WILSON, J.

This matter presents a unique issue: When is a defendant deemed to be in custody, triggering the time limitations of CPL 180.80?

On December 30, 2007 a felony complaint was sworn to by Police Officer James Tillman against this defendant for one count of robbery in the first degree (Penal Law § 160.15), a class B felony; two counts of robbery in the third degree (Penal Law § 160.05), a class D felony...

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