New York Laws

Laws of New York - This site contains the full online searchable text of the New York Alcoholic Beverage Control Law, the New York Criminal Procedure Law, the New York Penal Law and the New York Vehicle & Traffic Law. This section contains the Criminal Procedure Law.

Article 180 - NY Criminal Procedure Law

PROCEEDINGS UPON FELONY COMPLAINT FROM ARRAIGNMENT
THEREON THROUGH DISPOSITION THEREOF
180.10 Proceedings upon felony complaint; arraignment;
             defendant`s rights, court`s instructions and bail matters.
180.20 Proceedings upon felony complaint; removal of action from
             one local criminal court to another.
180.30 Proceedings upon felony complaint; waiver of hearing;
             action to be taken.
180.40 Proceedings upon felony complaint; application in
             superior court following hearing or waiver of hearing.
180.50 Proceedings upon felony complaint; reduction of charge.
180.60 Proceedings upon felony complaint; the hearing; conduct thereof.
180.70 Proceedings upon felony complaint; disposition of felony
             complaint after hearing.
180.75 Proceedings upon felony complaint; juvenile offender.
180.80 Proceedings upon felony complaint; release of defendant
             from custody upon failure of timely disposition.
180.85 Termination of prosecution.

S 180.10 Proceedings upon felony complaint; arraignment; defendant`s
              rights, court`s instructions and bail matters.
  1.  Upon the defendant`s arraignment before a local criminal court
upon a felony complaint, the court must immediately inform him, or cause
him to be informed in its presence, of the charge or charges against him
and that the primary purpose of the proceedings upon such felony
complaint is to determine whether the defendant is to be held for the
action of a grand jury with respect to the charges contained therein.
The court must furnish the defendant with a copy of the felony
complaint.
  2.  The defendant has a right to a prompt hearing upon the issue of
whether there is sufficient evidence to warrant the court in holding him
for the action of a grand jury, but he may waive such right.
  3.  The defendant has a right to the aid of counsel at the arraignment
and at every subsequent stage of the action, and, if he appears upon
such arraignment without counsel, has the following rights:
  (a)  To an adjournment for the purpose of obtaining counsel; and
  (b)  To communicate, free of charge, by letter or by telephone, for
the purpose of obtaining counsel and informing a relative or friend that
he has been charged with an offense; and
  (c)  To have counsel assigned by the court in any case where he is
financially unable to obtain the same.
  4.  The court must inform the defendant of all rights specified in
subdivisions two and three.  The court must accord the defendant
opportunity to exercise such rights and must itself take such
affirmative action as is necessary to effectuate them.
  5.  If the defendant desires to proceed without the aid of counsel,
the court must permit him to do so if it is satisfied that he made such
decision with knowledge of the significance thereof, but if it is not so
satisfied it may not proceed until the defendant is provided with
counsel, either of his own choosing or by assignment.  A defendant who
proceeds at the arraignment without counsel does not waive his right to
counsel, and the court must inform him that he continues to have such
right as well as all the rights specified in subdivision three which are
necessary to effectuate it, and that he may exercise such rights at any
stage of the action.
  6.  Upon the arraignment, the court, unless it intends immediately
thereafter to dismiss the felony complaint and terminate the action,
must issue a securing order which, as provided in subdivision two of
section 530.20, either releases the defendant on his own recognizance or
fixes bail or commits him to the custody of the sheriff for his future
appearance in such action.

S 180.20 Proceedings upon felony complaint; removal of action from one
              local criminal court to another.
  Under circumstances prescribed in this section, a criminal action
based upon a pending felony complaint may be removed from one local
criminal court to another:
  1.  When a defendant arrested by a police officer for a felony
allegedly committed in a town has not been brought before the town court
of the town, or as the case may be before the village court of the
village, in which the felony charged was allegedly committed, but,
instead, to another local criminal court of the county and there stands
charged with such offense by felony complaint, such latter court must
arraign him upon such felony complaint.  Such court must then either:
  (a)  Dispose of the felony complaint pursuant to this article.  If
such disposition results in a reduction of the felony charge and the
filing of an information or prosecutor`s information charging a
misdemeanor or a petty offense pursuant to section 180.50 or subdivision
two or three of section 180.70, such court must conduct the action to
judgment or other final disposition; or
  (b)  Remit the action upon the felony complaint, together with all
pertinent papers and documents, to the town court of the town, or as the
case may be to the village court of the village, in which the felony
charged was allegedly committed.  In such case, the latter court must
dispose of the felony complaint pursuant to this article.
  1-a. When a defendant arrested by a police officer for a felony
allegedly committed in a city has not been brought before the city court
of such city but, instead, to the local criminal court of an adjoining
town or village of the same county and there stands charged with such
offense by felony complaint, such latter court must arraign him upon
such felony complaint. Such court must then either:
  (a) Dispose of the felony complaint pursuant to this article. If such
disposition results in a reduction of the felony charge and the filing
of an information or prosecutor`s information charging a misdemeanor or
a petty offense pursuant to section 180.50 or subdivision two or three
of section 180.70 of this article, such court must conduct the action to
judgment or other final disposition; or
  (b) Remit the action upon the felony complaint, together with all
pertinent papers and documents, to the city court of the city in which
the felony charged was allegedly committed. In such case, the latter
court must dispose of the felony complaint pursuant to this article.
  2.  When a defendant arrested by a police officer for a felony has
been brought before a superior court judge sitting as a local criminal
court for arraignment upon a felony complaint charging such felony, such
judge must, as a local criminal court, arraign the defendant upon such
felony complaint.  Such court must then either:
  (a)  Dispose of the felony complaint pursuant to this article.  If
however, such disposition results in a reduction of the charge and the
filing of an information or prosecutor`s information charging a
misdemeanor or a petty offense, such judge, after arraigning the
defendant upon such accusatory instrument, must remit the action,
together with all pertinent papers and documents, to a local criminal
court having trial jurisdiction of the offense charged, and the latter
court must then conduct the action to judgment or other final
disposition; or
  (b)  Remit the action upon the felony complaint, together with all
pertinent papers and documents, to a local criminal court having
geographical jurisdiction over the area in which the felony charged was
allegedly committed.  In such case, such latter court must dispose of
the felony complaint pursuant to this article.
  3. Notwithstanding any provision of this section to the contrary, in
any county outside a city having a population of one million or more,
upon or after arraignment of a defendant on a felony complaint pending
in a local criminal court having preliminary jurisdiction thereof, such
court may, upon motion of the defendant and with the consent of the
district attorney, order that the action be removed from the court in
which the matter is pending to another local criminal court in the same
county which has been designated a drug court by the chief administrator
of the courts, and such drug court may then dispose of such felony
complaint pursuant to this article; provided, however, that an order of
removal issued under this subdivision shall not take effect until five
days after the date the order is issued unless, prior to such effective
date, the drug court notifies the court that issued the order that:
  (a) it will not accept the action, in which event the order shall not
take effect, or
  (b) it will accept the action on a date prior to such effective date,
in which event the order shall take effect upon such prior date.
  Upon providing notification pursuant to paragraph (a) or (b) of this
subdivision, the drug court shall promptly give notice to the defendant,
his or her counsel and the district attorney.

S 180.30 Proceedings upon felony complaint; waiver of hearing; action to be taken.
  If the defendant waives a hearing upon the felony complaint, the court
must either:
  1.  Order that the defendant be held for the action of a grand jury of
the appropriate superior court with respect to the charge or charges
contained in the felony complaint.  In such case, the court must
promptly transmit to such superior court the order, the felony
complaint, the supporting depositions and all other pertinent documents.
Until such papers are received by the superior court, the action is
deemed to be still pending in the local criminal court; or
  2.  Make inquiry, pursuant to section 180.50, for the purpose of
determining whether the felony complaint should be dismissed and an
information, a prosecutor`s information or a misdemeanor complaint filed
with the court in lieu thereof.

S 180.40 Proceedings upon felony complaint; application in superior
              court following hearing or waiver of hearing.
  Where the local criminal court has held a defendant for the action of
a grand jury, the district attorney may, at any time before such matter
is submitted to the grand jury, apply, ex parte, to the appropriate
superior court for an order directing that the felony complaint and
other papers transmitted to such court pursuant to subdivision one of
section 180.30 be returned to the local criminal court for
reconsideration of the action to be taken.  The superior court may issue
such an order if it is satisfied that the felony complaint is defective
or that such action is required in the interest of justice.

S 180.50 Proceedings upon felony complaint; reduction of charge.
  1.    Whether  or  not  the defendant waives a hearing upon the felony
  complaint, the local criminal court may, upon consent  of  the  district
  attorney,  make  inquiry  for the purpose of determining whether (a) the
  available facts and evidence relating  to  the  conduct  underlying  the
  felony  complaint  provide  a  basis  for charging the defendant with an
  offense other than a felony, and (b) if so, whether the  charge  should,
  in the manner prescribed in subdivision three, be reduced from one for a
  felony  to  one  for a non-felony offense.  Upon such inquiry, the court
  may question any person who it believes may possess information relevant
  to the matter, including the defendant if he wishes to be questioned.
    2.   If after such inquiry  the  court  is  satisfied  that  there  is
  reasonable  cause  to  believe  that  the defendant committed an offense
  other than a felony, it may order the indicated reduction as follows:
    (a)  If there is not reasonable cause to believe  that  the  defendant
  committed  a  felony  in addition to the non-felony offense in question,
  the court may as a matter of right order a reduction of  the  charge  to
  one for the non-felony offense;
    (b)    If  there  is  reasonable  cause  to believe that the defendant
  committed a felony in addition to the non-felony offense, the court  may
  order  a  reduction of the charge to one for the non-felony offense only
  if (i) it is satisfied  that  such  reduction  is  in  the  interest  of
  justice,  and  (ii)  the  district  attorney consents thereto; provided,
  however, that the court may not order  such  reduction  where  there  is
  reasonable  cause  to  believe  that  the  defendant committed a class A
  felony, other than those defined in article two hundred  twenty  of  the
  penal  law,  or  any armed felony as defined in subdivision forty-one of
  section 1.20.
    3.   A charge is "reduced" from a  felony  to  a  non-felony  offense,
  within  the  meaning  of this section, by replacing the felony complaint
  with, or converting it  to,  another  local  criminal  court  accusatory
  instrument, as follows:
    (a)    If  the  factual allegations of the felony complaint and/or any
  supporting depositions are legally sufficient to support the charge that
  the defendant committed the non-felony offense in  question,  the  court
  may:
    (i)     Direct  the  district  attorney  to  file  with  the  court  a
  prosecutor's information charging the  defendant  with  such  non-felony
  offense; or
    (ii)  Request the complainant of the felony complaint to file with the
  court  an  information  charging  the  defendant  with  such  non-felony
  offense.  If such an information is  filed,  any  supporting  deposition
  supporting  or  accompanying  the  felony  complaint  is  deemed also to
  support or accompanying the replacing information; or
    (iii)   Convert the felony complaint,  or  a  copy  thereof,  into  an
  information  by  notations  upon  or  attached  thereto  which  make the
  necessary and appropriate changes in the title of the instrument and  in
  the  names  of  the  offense  or  offenses  charged.    In  case of such
  conversion, any supporting deposition  supporting  or  accompanying  the
  felony  complaint is deemed also to support or accompany the information
  to which it has been converted;
    (b)  If the non-felony offense in question is a  misdemeanor,  and  if
  the  factual  allegations of the felony complaint together with those of
  any supporting depositions, though providing reasonable cause to believe
  that the defendant committed such misdemeanor are not legally sufficient
  to support such misdemeanor charge, the  court  may  cause  such  felony
  complaint  to  be  replaced  by  or converted to a misdemeanor complaint
  charging the misdemeanor  in  question,  in  the  manner  prescribed  in
  subparagraphs two and three of paragraph (a) of this subdivision.
    (c)    An  information,  a  prosecutor's  information or a misdemeanor
  complaint filed pursuant to this section may, pursuant to  the  ordinary
  rules of joinder, charge two or more offenses, and it may jointly charge
  with  each  offense  any two or more defendants originally so charged in
  the felony complaint;
    (d)  Upon the filing of an information, a prosecutor's information  or
  a misdemeanor complaint pursuant to this section, the court must dismiss
  the  felony  complaint from which such accusatory instrument is derived.
  It must then arraign the defendant upon the  new  accusatory  instrument
  and  inform  him  of  his  rights  in connection therewith in the manner
  provided in section 170.10.
    4.  Upon making any finding other than that specified  in  subdivision
  two,  the court must conduct a hearing upon the felony complaint, unless
  the defendant has waived the same.  In the case of such waiver the court
  must order that the defendant be held for the action of a grand jury.

S 180.60 Proceedings upon felony complaint; the hearing; conduct thereof.
  A hearing upon a felony complaint must be conducted as follows:
  1.  The district attorney must conduct such hearing on behalf of the
people.
  2.  The defendant may as a matter of right be present at such hearing.
  3.  The court must read to the defendant the felony complaint and any
supporting depositions unless the defendant waives such reading.
  4.  Each witness, whether called by the people or by the defendant,
must, unless he would be authorized to give unsworn evidence at a trial,
testify under oath.  Each witness, including any defendant testifying in
his own behalf, may be cross-examined.
  5.  The people must call and examine witnesses and offer evidence in
support of the charge.
  6.  The defendant may, as a matter of right, testify in his own
behalf.
  7.  Upon request of the defendant, the court may, as a matter of
discretion, permit him to call and examine other witnesses or to produce
other evidence in his behalf.
  8.  Upon such a hearing, only non-hearsay evidence is admissible to
demonstrate reasonable cause to believe that the defendant committed a
felony; except that reports of experts and technicians in professional
and scientific fields and sworn statements of the kinds specified in
subdivisions two and three of section 190.30 are admissible to the same
extent as in a grand jury proceeding, unless the court determines, upon
application of the defendant, that such hearsay evidence is, under the
particular circumstances of the case, not sufficiently reliable, in
which case the court shall require that the witness testify in person
and be subject to cross-examination.
  9.  The court may, upon application of the defendant, exclude the
public from the hearing and direct that no disclosure be made of the
proceedings.
  10.  Such hearing should be completed at one session.  In the interest
of justice, however, it may be adjourned by the court but, in the
absence of a showing of good cause therefor, no such adjournment may be
for more than one day.

S 180.70 Proceedings upon felony complaint; disposition of felony
         complaint after hearing.
  At the conclusion of a hearing, the court must dispose of the felony
complaint as follows:
  1.  If there is reasonable cause to believe that the defendant
committed a felony, the court must, except as provided in subdivision
three, order that the defendant be held for the action of a grand jury
of the appropriate superior court, and it must promptly transmit to such
superior court the order, the felony complaint, the supporting
depositions and all other pertinent documents.  Until such papers are
received by the superior court, the action is deemed to be still pending
in the local criminal court.
  2.  If there is not reasonable cause to believe that the defendant
committed a felony but there is reasonable cause to believe that he
committed an offense other than a felony, the court may, by means of
procedures prescribed in subdivision three of section 180.50, reduce the
charge to one for such non-felony offense.
  3.  If there is reasonable cause to believe that the defendant
committed a felony in addition to a non-felony offense, the court may,
instead of ordering the defendant held for the action of a grand jury as
provided in subdivision one, reduce the charge to one for such
non-felony offense as provided in subdivision two, if (a) it is
satisfied that such reduction is in the interest of justice, and (b) the
district attorney consents thereto; provided, however, that the court
may not order such reduction where there is reasonable cause to believe
the defendant committed a class A felony, other than those defined in
article two hundred twenty of the penal law, or any armed felony as
defined in subdivision forty-one of section 1.20.
  4.  If there is not reasonable cause to believe that the defendant
committed any offense, the court must dismiss the felony complaint and
discharge the defendant from custody if he is in custody, or, if he is
at liberty on bail, it must exonerate the bail.

S 180.75 Proceedings upon felony complaint; juvenile offender.
  1.  When  a  juvenile  offender  is  arraigned before a local criminal
  court, the provisions of  this  section  shall  apply  in  lieu  of  the
  provisions of sections 180.30, 180.50 and 180.70 of this article.
    2.  If  the  defendant waives a hearing upon the felony complaint, the
  court must order that the defendant be held for the action of the  grand
  jury  of  the  appropriate  superior court with respect to the charge or
  charges contained in the felony complaint. In such case the  court  must
  promptly   transmit  to  such  superior  court  the  order,  the  felony
  complaint, the supporting depositions and all other pertinent documents.
  Until such papers are received by the  superior  court,  the  action  is
  deemed to be still pending in the local criminal court.
    3.  If  there be a hearing, then at the conclusion of the hearing, the
  court must dispose of the felony complaint as follows:
    (a) If there  is  reasonable  cause  to  believe  that  the  defendant
  committed  a  crime  for  which  a  person  under  the age of sixteen is
  criminally responsible, the court must order that the defendant be  held
  for the action of a grand jury of the appropriate superior court, and it
  must  promptly  transmit  to  such  superior court the order, the felony
  complaint, the supporting depositions and all other pertinent documents.
  Until such papers are received by the  superior  court,  the  action  is
  deemed to be still pending in the local criminal court; or
    (b)  If  there  is  not reasonable cause to believe that the defendant
  committed a crime for which  a  person  under  the  age  of  sixteen  is
  criminally responsible but there is reasonable cause to believe that the
  defendant  is  a  "juvenile delinquent" as defined in subdivision one of
  section 301.2 of the family court act, the court must specify the act or
  acts it found reasonable cause to believe the defendant did  and  direct
  that  the  action  be removed to the family court in accordance with the
  provisions of article seven hundred twenty-five of this chapter; or
    (c) If there is not reasonable cause to  believe  that  the  defendant
  committed  any criminal act, the court must dismiss the felony complaint
  and discharge the defendant from custody if he is in custody, or  if  he
  is at liberty on bail, it must exonerate the bail.
    4.  Notwithstanding  the  provisions  of subdivisions two and three of
  this section, a local criminal  court  shall,  at  the  request  of  the
  district  attorney,  order  removal  of  an  action  against  a juvenile
  offender to the family court pursuant to the provisions of article seven
  hundred twenty-five of  this  chapter  if,  upon  consideration  of  the
  criteria specified in subdivision two of section 210.43 of this chapter,
  it  is  determined  that  to do so would be in the interests of justice.
  Where, however, the felony complaint charges the juvenile offender  with
  murder  in  the  second degree as defined in section 125.25 of the penal
  law, rape in the first degree as defined in subdivision one  of  section
  130.35  of  the  penal  law,  criminal sexual act in the first degree as
  defined in subdivision one of section 130.50 of the  penal  law,  or  an
  armed  felony  as  defined  in paragraph (a) of subdivision forty-one of
  section 1.20 of this  chapter,  a  determination  that  such  action  be
  removed  to the family court shall, in addition, be based upon a finding
  of one or more of the following factors:  (i)  mitigating  circumstances
  that  bear directly upon the manner in which the crime was committed; or
  (ii) where the defendant was not the sole participant in the crime,  the
  defendant's  participation was relatively minor although not so minor as
  to  constitute  a  defense  to  the  prosecution;  or   (iii)   possible
  deficiencies in proof of the crime.
    5.  Notwithstanding the provisions of subdivision two, three, or four,
  if a currently undetermined felony complaint against a juvenile offender
  is pending in a local criminal court, and the defendant has not waived a
  hearing  pursuant  to  subdivision  two  and  a  hearing   pursuant   to
  subdivision  three  has  not  commenced,  the  defendant may move in the
  superior court which  would  exercise  the  trial  jurisdiction  of  the
  offense  or  offenses  charged were an indictment therefor to result, to
  remove the action to family court. The procedural rules of  subdivisions
  one and two of section 210.45 of this chapter are applicable to a motion
  pursuant to this subdivision. Upon such motion, the superior court shall
  be  authorized  to  sit  as  a  local  criminal  court  to  exercise the
  preliminary jurisdiction specified in subdivisions two and three of this
  section, and shall proceed and  determine  the  motion  as  provided  in
  section  210.43  of  this chapter; provided, however, that the exception
  provisions of paragraph (b) of subdivision one of  such  section  210.43
  shall  not  apply when there is not reasonable cause to believe that the
  juvenile offender  committed  one  or  more  of  the  crimes  enumerated
  therein, and in such event the provisions of paragraph (a) thereof shall
  apply.
    6.  (a)  If the court orders removal of the action to family court, it
  shall state  on  the  record  the  factor  or  factors  upon  which  its
  determination is based, and the court shall give its reasons for removal
  in detail and not in conclusory terms.
    (b)  the district attorney shall state upon the record the reasons for
  his consent to removal of the action to  the  family  court  where  such
  consent  is  required.  The reasons shall be stated in detail and not in
  conclusory terms.
    (c) For the purpose of making a determination pursuant to  subdivision
  four or five, the court may make such inquiry as it deems necessary. Any
  evidence  which  is  not  legally  privileged  may be introduced. If the
  defendant testifies, his testimony may not be introduced against him  in
  any  future  proceeding,  except to impeach his testimony at such future
  proceeding as inconsistent prior testimony.
    (d)  Where  a  motion  for  removal  by  the  defendant  pursuant   to
  subdivision  five  has  been  denied, no further motion pursuant to this
  section or section 210.43 of this chapter may be made  by  the  juvenile
  offender with respect to the same offense or offenses.
    (e)  Except  as  provided  by paragraph (f), this section shall not be
  construed to limit the powers of the grand jury.
    (f) Where a motion by the defendant pursuant to subdivision  five  has
  been granted, there shall be no further proceedings against the juvenile
  offender  in  any  local  or  superior criminal court for the offense or
  offenses which were the subject of the removal order.

S 180.80 Proceedings upon felony complaint; release of defendant from
         custody upon failure of timely disposition.
  Upon application of a defendant against whom a felony complaint has
been filed with a local criminal court, and who, since the time of his
arrest or subsequent thereto, has been held in custody pending
disposition of such felony complaint, and who has been confined in such
custody for a period of more than one hundred twenty hours or, in the
event that a Saturday, Sunday or legal holiday occurs during such
custody, one hundred forty-four hours, without either a disposition of
the felony complaint or commencement of a hearing thereon, the local
criminal court must release him on his own recognizance unless:
  1.  The failure to dispose of the felony complaint or to commence a
hearing thereon during such period of confinement was due to the
defendant`s request, action or condition, or occurred with his consent;
or
  2.  Prior to the application:
  (a) The district attorney files with the court a written certification
that an indictment has been voted; or
  (b) An indictment or a direction to file a prosecutor`s information
charging an offense based upon conduct alleged in the felony complaint
was filed by a grand jury; or
  3.  The court is satisfied that the people have shown good cause why
such order of release should not be issued.  Such good cause must
consist of some compelling fact or circumstance which precluded
disposition of the felony complaint within the prescribed period or
rendered such action against the interest of justice.

S 180.85 Termination of prosecution.
  1.  After  arraignment  of  a defendant upon a felony complaint, other
  than a felony complaint charging an offense defined in  section  125.10,
  125.15,  125.20, 125.25, 125.26 or 125.27 of the penal law, either party
  or the local criminal court or superior court before which the action is
  pending, on its own motion, may move in accordance with  the  provisions
  of  this  section  for  an  order terminating prosecution of the charges
  contained in such felony complaint on consent of the parties.
    2. A motion to terminate a prosecution pursuant to  this  section  may
  only  be made where the count or counts of the felony complaint have not
  been presented to a grand jury or otherwise disposed  of  in  accordance
  with  this chapter. Such motion shall be filed in writing with the local
  criminal court or superior  court  in  which  the  felony  complaint  is
  pending not earlier than twelve months following the date of arraignment
  on  such  felony  complaint.  Upon  the filing of such motion, the court
  shall fix a return date and provide the parties  with  at  least  thirty
  days' written notice of the motion and return date.
    3.  Where,  upon  motion  to  terminate a prosecution pursuant to this
  section, both parties consent to such termination,  the  court,  on  the
  return  date  of  such  motion,  shall  enter  an order terminating such
  prosecution. For purposes of this subdivision, a  party  that  is  given
  written notice of a motion to terminate a prosecution shall be deemed to
  consent  to  such  termination  unless, prior to the return date of such
  motion, such party files a notice of opposition thereto with the  court.
  Except as otherwise provided in subdivision four, where such a notice of
  opposition  is filed, the court, on the return date of the motion, shall
  enter an order denying the motion to terminate the prosecution.
    4. Notwithstanding any other provision  of  this  section,  where  the
  people  file  a  notice of opposition pursuant to subdivision three, the
  court, on the return date of the motion, may defer disposition  of  such
  motion  for  a period of forty-five days. In such event, if the count or
  counts of such felony  complaint  are  presented  to  a  grand  jury  or
  otherwise disposed of within such period, the court, upon the expiration
  thereof,  shall  enter  an  order  denying  the  motion to terminate the
  prosecution. If such count or counts are not presented to a  grand  jury
  or  otherwise  disposed  of  within  such  period,  the  court, upon the
  expiration thereof, shall enter an  order  terminating  the  prosecution
  unless,  within  the forty-five day period, the people, on at least five
  days' written notice to the defendant, show good cause for their failure
  to present or otherwise dispose of such count or counts.  If  such  good
  cause is shown, the court, upon expiration of the forty-five day period,
  shall enter an order denying the motion to terminate the prosecution.
    5.  Notwithstanding  any  other  provision  of  law,  the  defendant's
  appearance in court on the return date of the motion  or  on  any  other
  date  shall not be required as a prerequisite to entry of an order under
  this section.
    6. The period from the filing of a motion  pursuant  to  this  section
  until entry of an order disposing of such motion shall not, by reason of
  such motion, be considered a period of delay for purposes of subdivision
  four  of section 30.30, nor shall such period, by reason of such motion,
  be excluded in computing the time within which the people must be  ready
  for trial pursuant to such section 30.30.
    7. Where a prosecution is terminated pursuant to this section, nothing
  contained  herein  shall preclude the people from subsequently filing an
  indictment charging the same count or counts provided such filing is  in
  accordance  with  the provisions of this section, article thirty and any
  other relevant provisions of this chapter.  Where  the  people  indicate
  their  intention  to  seek an indictment following the entry of an order
  terminating a prosecution pursuant to this  section,  the  court  shall,
  notwithstanding  any  provision  of section 160.50 to the contrary, stay
  sealing under that section for a reasonable period not to exceed  thirty
  days to permit the people an opportunity to pursue such indictment.
    8.  Where an order denying a party's motion to terminate a prosecution
  is entered  pursuant  to  this  section,  such  party  may  not  file  a
  subsequent  motion to terminate the prosecution pursuant to this section
  for at least six months from the date on which such order is entered.
    9. Notwithstanding any other provision of this section, where a motion
  to terminate a prosecution is filed with a local criminal court pursuant
  to subdivision two, and, prior to the determination thereof, such  court
  is  divested of jurisdiction by the filing of an indictment charging the
  offense or offenses contained in the felony complaint, such motion shall
  be deemed to have been denied as of the date of such divestiture.
    10. The chief administrator of the courts, in  consultation  with  the
  director   of   the   division   of   criminal   justice   services  and
  representatives  of  appropriate  prosecutorial  and  criminal   defense
  organizations  in  the  state,  shall  adopt  forms  for  the  motion to
  terminate a prosecution authorized by subdivision one and for the notice
  of opposition specified in subdivision three.

Top of Page
Criminal Procedure Law Index | CPL Index by Article | CPL Search Phrases | CPL Popular Articles
Part 1 | Part 2 | Part 3 | 01 | 02 | 10 | 20 | 30 | 40 | 50 | 60 | 65 | 70 | 100 | 110 | 120 | 130 | 140 | 150 | 160 | 170 | 180 | 182 | 185 | 190 | 195 | 200 | 210 | 215 | 216 | 220 | 230 | 240 | 250 | 255 | 260 | 270 | 280 | 290 | 300 | 310 | 320 | 330 | 340 | 350 | 360 | 370 | 380 | 390 | 400 | 410 | 420 | 430 | 440 | 450 | 460 | 470 | 500 | 510 | 520 | 530 | 540 | 550 | 560 | 570 | 580 | 590 | 600 | 610 | 620 | 630 | 640 | 650 | 660 | 670 | 680 | 690 | 700 | 705 | 710 | 715 | 720 | 725 | 730