People v. Davey

OPINION OF THE COURT

Leonard G. Tilney, Jr., J.

This case illustrates the conflict between legislative intent and administrative fiat. The chronological history of this case begins on March 1, 2012 when the defendant was arrested by the Niagara County Sheriffs Office for two violations of the Penal Law. He was charged with violating section 215.52 (1) (aggravated criminal contempt), a class D felony, and section 120.00 (assault in the third degree), a class A misdemeanor. The defendant was arraigned by this court on March 1, 2012 at 4:30 a.m. without counsel present. Bail was set. The Niagara…