PEOPLE v. WILBOINER

2011KN082386.

35 Misc.3d 193 (2012)

936 N.Y.S.2d 873

2012 NY Slip Op 22006

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. JEAN FRANCOIS WILBOINER, Also Known as JEAN FRANCOIS-WILLBOINER, Defendant.

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

Decided January 6, 2012.


Attorney(s) appearing for the Case

Legal Aid Society, Brooklyn ( Alex D. Smith of counsel), for defendant.

Charles J. Hynes , District Attorney, Brooklyn ( Tziyonah Langsam of counsel), for plaintiff.


OPINION OF THE COURT

JOHN T. HECHT, J.

The defendant in these two misdemeanor criminal prosecutions was examined to determine if he were fit to proceed. His cases present the issue of whether, despite the general rule that a defendant charged with a misdemeanor is subject to release on recognizance or bail, he could be held without bail pending the competency examination. This issue has not been resolved at the appellate level, and it arises frequently,...

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