§ 180.80 — Proceedings upon felony complaint; release of defendant from custody upon failure of timely disposition

New York § 180.80

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title H: Preliminary Proceedings In Local Criminal Court
• Part 2: The Principal Proceedings
• Art. 180: Proceedings Upon Felony Complaint From Arraignment Thereon Through Disposition Thereof

Text

§ 180.80 Proceedings upon felony complaint; release of defendant from\n custody upon failure of timely disposition.\n Upon application of a defendant against whom a felony complaint has\nbeen filed with a local criminal court or the youth part of a superior\ncourt, and who, since the time of his arrest or subsequent thereto, has\nbeen held in custody pending disposition of such felony complaint, and\nwho has been confined in such custody for a period of more than one\nhundred twenty hours or, in the event that a Saturday, Sunday or legal\nholiday occurs during such custody, one hundred forty-four hours,\nwithout either a disposition of the felony complaint or commencement of\na hearing thereon, the court must release him on his own recognizance\nunless:\n 1. The failure to dispose of the felony complaint or to commence a\nhearing thereon during such period of confinement was due to the\ndefendant's request, action or condition, or occurred with his consent;\nor\n 2. Prior to the application:\n (a) The district attorney files with the court a written certification\nthat an indictment has been voted; or\n (b) An indictment or a direction to file a prosecutor's information\ncharging an offense based upon conduct alleged in the felony complaint\nwas filed by a grand jury; or\n 3. The court is satisfied that the people have shown good cause why\nsuch order of release should not be issued. Such good cause must consist\nof some compelling fact or circumstance which precluded disposition of\nthe felony complaint within the prescribed period or rendered such\naction against the interest of justice.\n