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Legal Opinion

People v. Hernandez

Criminal Court of the City of New York

Decided October 24, 1989PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Michael A. Gary, J.

the ISSUE

CPL 170.70 provides that a defendant in custody pursuant to a misdemeanor complaint must be released on the so-called "170.70 day” if the complaint is not replaced by an information.1 The issue is whether the People satisfy the requirement of CPL 170.70 simply by converting one count of a complaint on the "170.70 day”.

PROCEDURAL BACKGROUND

The defendant, Marcelino Hernandez, was charged in a three-count misdemeanor complaint with criminal possession of a controlled substance in the seventh degree and criminal facilitation in the fourth degree,…

2Cases cited6 opinions

  1. Hearst Corp. v. ClyneNew York Court of Appeals · 1980
  2. People v. WeinbergNew York Court of Appeals · 1974
  3. People v. MinorAppellate Terms of the Supreme Court of New York · 1989
  4. People ex rel. Neufeld v. McMickensAppellate Division of the Supreme Court of the State of New York · 1986
  5. People Ex Rel. Neufeld v. McMickensNew York Court of Appeals · 1987

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. People ex rel. Mack v. WardenNew York Supreme Court · 1989
  2. People ex rel. Ortiz v. Commissioner of New York City Department of CorrectionAppellate Division of the Supreme Court of the State of New York · 1998
  3. People ex rel. Alvarez v. WardenNew York Supreme Court · 1998
  4. People v. BlannCriminal Court of the City of New York · 1992

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