People v. Sweeney

OPINION OF THE COURT

Bruce Allen, J.

The issue in this case is whether the allotted time for holding a defendant in custody under CPL 180.80 should be extended briefly to afford the prosecutor the opportunity to present the case to a Grand Jury. For the reasons stated below, I conclude that such an extension is warranted.

*176CPL article 180 covers the crucial time period between arrest and preliminary disposition on felony complaints. Section 180.80 provides, in pertinent part, that a defendant who is incarcerated following his arrest must be released in 144 hours if the prosecution does not obtain…