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.