People ex rel. Taylor v Warden, Rikers Is. Correctional Facility
2008 NY Slip Op 02900 [50 AD3d 282]
April 1, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 18, 2008


The People of the State of New York ex rel. Roy Taylor, Appellant,
v
Warden, Rikers Island Correctional Facility, Respondent.

—[*1] Steven N. Feinman, White Plains, for appellant.

Robert M. Morgenthau, District Attorney, New York (Olivia Sohmer of counsel), for respondent.

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 CPL 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 CPL 180.80 [1]). In any event, even if there had been a CPL 180.80 violation at the inception of the underlying criminal case, that would not presently entitle petitioner to release. Concur—Gonzalez, J.P., Williams, Catterson and Moskowitz, JJ.