Legal Opinion

People v. Lopez

Criminal Court of the City of New York

Decided February 25, 2008Published

1Opinion of the Court

OPINION OF THE COURT

John H. Wilson, J.

This matter presents a unique issue: When is a defendant deemed to be in custody, triggering the time limitations of CPL 180.80?

On December 30, 2007 a felony complaint was sworn to by Police Officer James Tillman against this defendant for one count of robbery in the first degree (Penal Law § 160.15), a class B felony; two counts of robbery in the third degree (Penal Law § 160.05), a class D felony; and related felony and misdemeanor charges. On that same day, based upon the information contained in the felony complaint, an arrest warrant was issued for…

2Cases cited9 opinions

  1. Roe v. WadeSupreme Court of the United States · 1973
  2. Hearst Corp. v. ClyneNew York Court of Appeals · 1980
  3. People v. YuklNew York Court of Appeals · 1969
  4. People v. BaileyAppellate Division of the Supreme Court of the State of New York · 1988
  5. People v. NewsonAppellate Division of the Supreme Court of the State of New York · 1979

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