N.Y. Criminal Procedure Law § 170.70: Release of defendant upon failure to replace misdemeanor complaint by information

§ 170.70 Release of defendant upon failure to replace misdemeanor

complaint by information.

Upon application of a defendant against whom a misdemeanor complaint

is pending in a local criminal court, and who, either at the time of his

arraignment thereon or subsequent thereto, has been committed to the

custody of the sheriff pending disposition of the action, and who has

been confined in such custody for a period of more than five days, not

including Sunday, without any information having been filed in

replacement of such misdemeanor complaint, the criminal court must

release the defendant on his own recognizance unless:

1. The defendant has waived prosecution by information and consented

to be prosecuted upon the misdemeanor complaint, pursuant to subdivision

three of section 170.65; or

2. The court is satisfied that there is good cause why such order of

release should not be issued. Such good cause must consist of some

compelling fact or circumstance which precluded replacement of the

misdemeanor complaint by an information or a prosecutor's information

within the prescribed period.