People ex rel. Arshack v. Koehler

Judgment, Supreme Court, New York County (Carol Berkman, J.), entered December 7, 1988, dismissing petitioner’s application for a writ of habeas corpus, unanimously affirmed, without costs.

Defendant moved in the late afternoon before Justice Berk-man for release on parole on the ground that earlier in the day another Judge in a Criminal Court Part (Max Sayeh, J.) had refused to discharge defendant from custody despite a showing that over 144 (actually 147) hours had expired from the time of defendant’s arrest upon a felony complaint without indictment, and that this violation of CPL 180.80…