Legal Opinion

People v. Schur

New York County Courts

Decided December 2, 1958PublishedCited by 3 opinions

1Opinion of the CourtWilliam E. J. Connor, J.

When a person is arrested without a warrant for a misdemeanor, offense, infraction or violation of an- ordinance, he must be taken immediately before an available magistrate in the county in which the offense charged is alleged to have been committed, who is nearest or most accessible with reference to the place where the arrest is made. (Code Crim. Pro., § 164.)

Heretofore some of the arresting officers have misunderstood or failed to follow this section. When a person is brought before a magistrate Avho is not the nearest or the most accessible, any judgment rendered by the magistrate is…

2Cited by3 opinions

  1. People v. Schoonmaker, New York County Courts1971
  2. People v. Heath, New York County Courts1974
  3. Friebe v. JeromeNew York Supreme Court · 1967

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