New York Criminal Procedure Law Section 180.80 - Proceedings upon felony complaint; release of defendant from custody upon failure of timely disposition.

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:
* NB Effective until October 1, 2018
* Upon application of a defendant against whom a felony complaint  has
  been  filed  with a local criminal court or the youth part of a superior
  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 court must release him on  his  own  recognizance
  unless:
* NB Effective October 1, 2018; see ch. 59/2017 Pt. WWW  106 sb b for
  further contingencies for 10/1/2019
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.

Last modified: February 3, 2019