People v. Ijnace – Case Brief Summary (New York)

In People v. Ijnace 174 Misc.2d 850 (N.Y. Misc. 1997), defendant was arraigned on a felony complaint.

The District Attorney reduced the felony to a misdemeanor and then gave notice, pursuant to CPL §170.20(2) to obtain a stay of local court proceedings with intent to present the case to a Grand Jury.

The Court held this to be improper since it had the effect of keeping defendant in custody on a misdemeanor while awaiting Grand Jury action and without affording defendant the ability to plead guilty to the misdemeanor, all of which circumvented defendant's right to be released from custody pursuant to CPL §180.80.

New York Attorney/Lawyer/Advocate/Counsel Case Brief Complaint Custody Felony Grand Jury Guilty Plea Jury Misdemeanor Notice

why use lawpipe ?

The largest case briefs database in the U.S (over 60,000 case briefs).
New case briefs and articles updated monthly edited by experts.
Our legal database contains only important rulings and decisions, to ensure efficient and faster legal research.
Our search engine recommends only highly relevant briefs or articles, bypassing the need to browse through hundreds (and sometimes thousands!) of Irrelevant search results.
Search from 2,000+ legal terms keyed to our case briefs and articles, For each term, we show you every case brief and article in our database that relates to that term.