In People ex rel. Ortiz v. Commissioner, New York City Dep't of Correction, (93 NY2d 959 [NY 1999]) the Court of Appeals found that a Defendant should not be released pursuant to CPL 170.70, even where the accusatory instruments included charges that were not supported by nonhearsay factual allegations. The Court of Appeals affirmed the lower court's determination that although the People failed to corroborate each and every charge in the accusatory instruments within five days after the defendant's confinement, the defendant was not entitled to release pursuant to CPL 170.70 because "at least one count of each complaint was adequately supported". The Court of Appeals stated that CPL 170.70 was "designed to assure that defendants are not held in custody for more than a brief period on the basis of hearsay allegations," and further that each of the accusatory instruments filed in the criminal action satisfied the requirements of an information and, from inception, could have been the basis for prosecution (Id. at 960.)