New York § 180.60 Proceedings upon felony complaint; the hearing; conduct thereof

New York Statutes

§ 180.60 — Proceedings upon felony complaint; the hearing; conduct thereof

New York § 180.60

JurisdictionNew York

Law CPLCriminal Procedure

Title HPreliminary Proceedings In Local Criminal Court

Part 2The Principal Proceedings

Art. 180Proceedings Upon Felony Complaint From Arraignment Thereon Through Disposition Thereof

This text of New York § 180.60 (Proceedings upon felony complaint; the hearing; conduct thereof) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Criminal Procedure § 180.60 (2026).

Text

§ 180.60 Proceedings upon felony complaint; the hearing; conduct\n             thereof.\n  A hearing upon a felony complaint must be conducted as follows:\n  1.  The district attorney must conduct such hearing on behalf of the\npeople.\n  2.  The defendant may as a matter of right be present at such hearing.\n  3.  The court must read to the defendant the felony complaint and any\nsupporting depositions unless the defendant waives such reading.\n  4.  Each witness, whether called by the people or by the defendant,\nmust, unless he would be authorized to give unsworn evidence at a trial,\ntestify under oath.  Each witness, including any defendant testifying in\nhis own behalf, may be cross-examined.\n  5.  The people must call and examine witnesses and offer evidence in\nsupport of the char

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