People ex rel. Scott v. Campbell

Appeal from a judgment of the County Court of Albany County (Breslin, J.), entered December 17, 1993, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, after a hearing.

Petitioner contends that he was entitled to release on his own recognizance based upon CPL 180.80, which requires such release after certain time periods, in this case 144 hours, when a suspect is held on a felony complaint filed in a local *926criminal court without either a disposition of the complaint or commencement of a hearing thereon. Petitioner has pleaded guilty to criminal possession…