N.Y. Criminal Procedure Law § 180.60: Proceedings upon felony complaint; the hearing; conduct thereof

§ 180.60 Proceedings upon felony complaint; the hearing; conduct

thereof.

A hearing upon a felony complaint must be conducted as follows:

1. The district attorney must conduct such hearing on behalf of the

people.

2. The defendant may as a matter of right be present at such hearing.

3. The court must read to the defendant the felony complaint and any

supporting depositions unless the defendant waives such reading.

4. Each witness, whether called by the people or by the defendant,

must, unless he would be authorized to give unsworn evidence at a trial,

testify under oath. Each witness, including any defendant testifying in

his own behalf, may be cross-examined.

5. The people must call and examine witnesses and offer evidence in

support of the charge.

6. The defendant may, as a matter of right, testify in his own

behalf.

7. Upon request of the defendant, the court may, as a matter of

discretion, permit him to call and examine other witnesses or to produce

other evidence in his behalf.

8. Upon such a hearing, only non-hearsay evidence is admissible to

demonstrate reasonable cause to believe that the defendant committed a

felony; except that reports of experts and technicians in professional

and scientific fields and sworn statements of the kinds specified in

subdivisions two and three of section 190.30 are admissible to the same

extent as in a grand jury proceeding, unless the court determines, upon

application of the defendant, that such hearsay evidence is, under the

particular circumstances of the case, not sufficiently reliable, in

which case the court shall require that the witness testify in person

and be subject to cross-examination.

9. The court may, upon application of the defendant, exclude the

public from the hearing and direct that no disclosure be made of the

proceedings.

10. Such hearing should be completed at one session. In the interest

of justice, however, it may be adjourned by the court but, in the

absence of a showing of good cause therefor, no such adjournment may be

for more than one day.