Prosecutors in the U.S. District Court for the Eastern District of New York agreed Monday to dismiss their case against a man accused of a gun possession crime, days after his public defender argued that he was unfairly jailed in Brooklyn’s Metropolitan Detention Center for more than 60 days on a hearsay complaint.

Mildred Whalen of the Federal Defenders of New York argued that, while the government might not have been able to anticipate the “unprecedented impact of the COVID-19 pandemic,” they should not have waited until March 16 to bring her client’s case before a grand jury if it was ready for presentation earlier in March.

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