New York Criminal Procedure - Article 180 - § 180.80 Proceedings Upon Felony Complaint; Release of Defendant From Custody Upon Failure of Timely Disposition

Criminal Procedure 
  §  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;
    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.
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Last modified: February 15, 2014