People ex rel. Barna v. Malcolm

Fein, J. (concurring).

I agree that CPL 180.80 makes no exception for intervening Saturdays, Sundays or holidays in fixing a 72-hour period for release of a defendant on his own recognizance unless the felony complaint has been disposed of or a hearing thereon has been commenced. In the absence of some statutory provision to the contrary, there is no basis for excluding intervening Saturdays, Sundays and holidays.

With respect to the cases now before us, that should end our discussion of the matter. A hearing could have been commenced and perhaps even concluded on Friday, November 27, 1981, the…