§ 180.70 Proceedings upon felony complaint; disposition of felony\n complaint after hearing.\n At the conclusion of a hearing, the court must dispose of the felony\ncomplaint as follows:\n 1. If there is reasonable cause to believe that the defendant\ncommitted a felony, the court must, except as provided in subdivision\nthree, order that the defendant be held for the action of a grand jury\nof the appropriate superior court, and it must promptly transmit to such\nsuperior court the order, the felony complaint, the supporting\ndepositions and all other pertinent documents. Until such papers are\nreceived by the superior court, the action is deemed to be still pending\nin the local criminal court.\n 2. If there is not reasonable cause to believe that the defendant\ncommitted a felony but there is reasonable cause to believe that he\ncommitted an offense other than a felony, the court may, by means of\nprocedures prescribed in subdivision three of section 180.50, reduce the\ncharge to one for such non-felony offense.\n 3. If there is reasonable cause to believe that the defendant\ncommitted a felony in addition to a non-felony offense, the court may,\ninstead of ordering the defendant held for the action of a grand jury as\nprovided in subdivision one, reduce the charge to one for such\nnon-felony offense as provided in subdivision two, if (a) it is\nsatisfied that such reduction is in the interest of justice, and (b) the\ndistrict attorney consents thereto; provided, however, that the court\nmay not order such reduction where there is reasonable cause to believe\nthe defendant committed a class A felony, other than those defined in\narticle two hundred twenty of the penal law, or any armed felony as\ndefined in subdivision forty-one of section 1.20.\n 4. If there is not reasonable cause to believe that the defendant\ncommitted any offense, the court must dismiss the felony complaint and\ndischarge the defendant from custody if he is in custody, or, if he is\nat liberty on bail, it must exonerate the bail.\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.