People v. Lethenia

The defendant has made an application for release pursuant to CPL 180.80. The defendant has been charged with kidnapping in the first degree (Penal Law, § 135.25).

The arraignment took place on Friday, August 6, 1976. Bail was fixed and the defendant could not raise it. Counsel thereupon moved to have the next adjourned date on Monday, August 9, 1976 and further moved that if the People were not ready to proceed that the defendant should be released pursuant to CPL 180.80. In support of defendant’s motion, counsel pointed out that 72 hours will have run by Monday and if the People were not…