N.Y. Criminal Procedure Law § 180.50: Proceedings upon felony complaint; reduction of charge

§ 180.50 Proceedings upon felony complaint; reduction of charge.

1. Whether or not the defendant waives a hearing upon the felony

complaint, the local criminal court may, upon consent of the district

attorney, make inquiry for the purpose of determining whether (a) the

available facts and evidence relating to the conduct underlying the

felony complaint provide a basis for charging the defendant with an

offense other than a felony, and (b) if so, whether the charge should,

in the manner prescribed in subdivision three, be reduced from one for a

felony to one for a non-felony offense. Upon such inquiry, the court

may question any person who it believes may possess information relevant

to the matter, including the defendant if he wishes to be questioned.

2. If after such inquiry the court is satisfied that there is

reasonable cause to believe that the defendant committed an offense

other than a felony, it may order the indicated reduction as follows:

(a) If there is not reasonable cause to believe that the defendant

committed a felony in addition to the non-felony offense in question,

the court may as a matter of right order a reduction of the charge to

one for the non-felony offense;

(b) If there is reasonable cause to believe that the defendant

committed a felony in addition to the non-felony offense, the court may

order a reduction of the charge to one for the non-felony offense only

if (i) it is satisfied that such reduction is in the interest of

justice, and (ii) the district attorney consents thereto; provided,

however, that the court may not order such reduction where there is

reasonable cause to believe that the defendant committed a class A

felony, other than those defined in article two hundred twenty of the

penal law, or any armed felony as defined in subdivision forty-one of

section 1.20.

3. A charge is "reduced" from a felony to a non-felony offense,

within the meaning of this section, by replacing the felony complaint

with, or converting it to, another local criminal court accusatory

instrument, as follows:

(a) If the factual allegations of the felony complaint and/or any

supporting depositions are legally sufficient to support the charge that

the defendant committed the non-felony offense in question, the court

may:

(i) Direct the district attorney to file with the court a

prosecutor's information charging the defendant with such non-felony

offense; or

(ii) Request the complainant of the felony complaint to file with the

court an information charging the defendant with such non-felony

offense. If such an information is filed, any supporting deposition

supporting or accompanying the felony complaint is deemed also to

support or accompanying the replacing information; or

(iii) Convert the felony complaint, or a copy thereof, into an

information by notations upon or attached thereto which make the

necessary and appropriate changes in the title of the instrument and in

the names of the offense or offenses charged. In case of such

conversion, any supporting deposition supporting or accompanying the

felony complaint is deemed also to support or accompany the information

to which it has been converted;

(b) If the non-felony offense in question is a misdemeanor, and if

the factual allegations of the felony complaint together with those of

any supporting depositions, though providing reasonable cause to believe

that the defendant committed such misdemeanor are not legally sufficient

to support such misdemeanor charge, the court may cause such felony

complaint to be replaced by or converted to a misdemeanor complaint

charging the misdemeanor in question, in the manner prescribed in

subparagraphs two and three of paragraph (a) of this subdivision.

(c) An information, a prosecutor's information or a misdemeanor

complaint filed pursuant to this section may, pursuant to the ordinary

rules of joinder, charge two or more offenses, and it may jointly charge

with each offense any two or more defendants originally so charged in

the felony complaint;

(d) Upon the filing of an information, a prosecutor's information or

a misdemeanor complaint pursuant to this section, the court must dismiss

the felony complaint from which such accusatory instrument is derived.

It must then arraign the defendant upon the new accusatory instrument

and inform him of his rights in connection therewith in the manner

provided in section 170.10.

4. Upon making any finding other than that specified in subdivision

two, the court must conduct a hearing upon the felony complaint, unless

the defendant has waived the same. In the case of such waiver the court

must order that the defendant be held for the action of a grand jury.