People ex rel. Aponte v. Warden, Rikers Island

OPINION OF THE COURT

Richard J. Goldman, J.

Defendant seeks release from custody on the ground that *387the District Attorney has not filed an indictment against him within 45 days of the commencement of his confinement (CPL 190.80).

On September 26, 1989 defendant was arraigned in Criminal Court and bail was set at $10,000. Within the time prescribed by CPL 180.80, the District Attorney filed a written certification that the Grand Jury had voted an indictment. The instant proceeding was commenced on November 22, 1989 returnable November 24, 1989. At the morning argument on November 24, 1989, the…