Legal Aid Society (Samuel Getz of counsel), for defendant.
Charles J. Hynes, District Attorney (Roland Klengler of counsel), for plaintiff.
OPINION OF THE COURT
WILLIAM E. GARNETT, J. When an accused waives extradition and is returned to New York, when is the defendant deemed under arrest for the purpose of setting the "180.80" date? In this case, the defendant was detained in Florida on a New York extradition request. The defendant subsequently waived York State for the disposition of a felony complaint. This interpretation maintains the integrity of the UCEA and precludes gratuitous benefits to a defendant whose flight has shown contempt for the statutes which he or she subsequently invokes to obtain release. Thus, in conclusion, the defendant's "180.80" rights accrued in this case upon his delivery into the custody of New York State law enforcement officers on October 31, 2003 at 11:00 A.M. and thus he was not entitled to immediate release upon his return to New York. [*] The prosecution may have argued that CPL 180.80 (3) applies inasmuch as the defendant's detention in Florida was a "compelling fact or circumstance which precluded disposition of the felony complaint within the prescribed period or rendered such action against the interest of justice."