People ex rel. Manning v. Warden of Rikers Island

Judgment, Supreme Court, New York County (Herbert J. Adlerberg, J.), entered October 7, 1991, which denied petitioner’s writ of habeas *170corpus seeking his release pursuant to CPL 180.80 on the ground that the indictment had been obtained without affording him an opportunity to testify before the Grand Jury, unanimously affirmed, without costs.

Petitioner was arrested on September 23, 1991 for having sold cocaine to an undercover officer, and arraigned the following day on a felony complaint charging him with third degree sale and possession of a controlled substance. At arraignment, petitioner…