People ex rel. Alvarez v. Warden

OPINION OF THE COURT

David Stadtmauer, J.

This is a writ of habeas corpus brought by the inmate claiming that he is being held illegally due to failure of the People to file an information “for a period of more than five days” following the onset of custody. The relevant statute (CPL 170.70) provides that:

“Upon application of a defendant against whom a misdemeanor complaint is pending in a local criminal court, and who, either at the time of his arraignment thereon or subse*255quent thereto, has been committed to the custody of the sheriff pending disposition of the action, and who has been…