People ex rel. Miller v. Knowlton

After giving a voluntary statement confessing that he had touched the vagina of a four-year-old, petitioner was arrested on the charge of sexual abuse in the first degree and placed in the custody of respondent on October 1, 1996. Thereafter he moved, by order to show cause dated November 20, 1996, for release on his own recognizance pursuant to CPL 190.80. The basis of petitioner’s motion was that he had been held in custody more than 45 days without presentation of the case to the Grand Jury.

After a hearing, County Court (Nicandri, J.) determined that good cause existed and, by order…