Criminal Law · MBE-tested
The People of the State of New York ex rel. Roy Taylor, Appellant, v. Warden, Rikers Island Correctional Facility, Respondent
50 A.D.3d 282853 N.Y.S.2d 882·New York Supreme Court, Appellate Division·2008·NY
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Opinion
The People of the State of New York ex rel. Roy Taylor, Appellant, v Warden, Rikers Island Correctional Facility, Respondent.
[853 NYS2d 882]
[MAJORITY]
Judgment, Supreme Court, New York County (Brenda Soloff, J.), entered December 18, 2006, denying petitioner’s application for a writ of habeas corpus and dismissing the petition, unanimously affirmed, without costs.
Contrary to petitioner’s contention, the record is sufficient to permit review. While petitioner alleged a violation of CEL 180.80, it is clear from the face of the petition that petitioner’s lawyer had waived the requirement that a hearing be held within 144 hours of petitioner’s arrest (see CEL 180.80 [1]). In any event, even if there had been a CEL 180.80 violation at the inception of the underlying criminal case, that would not presently entitle petitioner to release. Concur—Gonzalez, J.E, Williams, Catterson and Moskowitz, JJ.