People v. Hosler

OPINION OF THE COURT

Jan H. Plumadore, J.

Both the above defendants move for release pursuant to CPL 190.80 inasmuch as they have each been held longer than 45 days without (readily apparent) Grand Jury action.

The People in opposition say that both defendants are well aware that the Grand Jury has "acted”, having both been invited to attend on specific dates, and that all that remains is for a session of Supreme Court to be convened so that the *991results may be filed. The issue appears to be one of first impression; the motions will be denied.

CPL 190.80 provides for release from jail at the…