N.Y. Criminal Procedure Law § 180.40: Proceedings upon felony complaint; application in superior court following hearing or waiver of hearing

§ 180.40 Proceedings upon felony complaint; application in superior

court following hearing or waiver of hearing.

Where the local criminal court has held a defendant for the action of

a grand jury, the district attorney may, at any time before such matter

is submitted to the grand jury, apply, ex parte, to the appropriate

superior court for an order directing that the felony complaint and

other papers transmitted to such court pursuant to subdivision one of

section 180.30 be returned to the local criminal court for

reconsideration of the action to be taken. The superior court may issue

such an order if it is satisfied that the felony complaint is defective

or that such action is required in the interest of justice.