People v. Rodriguez

OPINION OF THE COURT

Peter J. Benitez, J.

This case presents a recurring issue in the Criminal Court. *502The issue is: where a defendant has been arraigned on a misdemeanor complaint and, at arraignment or within five days, the complaint has been replaced by a misdemeanor information (CPL 170.65), when must the court release the defendant who has been held in custody pending the disposition of the action if the People have served notice pursuant to CPL 170.20 (2) of their intention to present the charge to a Grand Jury for the purpose of prosecuting it by indictment.

In this case, defendant was…