N.Y. Criminal Procedure Law § 180.70: Proceedings upon felony complaint; disposition of felony complaint after hearing

§ 180.70 Proceedings upon felony complaint; disposition of felony

complaint after hearing.

At the conclusion of a hearing, the court must dispose of the felony

complaint as follows:

1. If there is reasonable cause to believe that the defendant

committed a felony, the court must, except as provided in subdivision

three, order that the defendant be held for the action of a grand jury

of the appropriate superior court, and it must promptly transmit to such

superior court the order, the felony complaint, the supporting

depositions and all other pertinent documents. Until such papers are

received by the superior court, the action is deemed to be still pending

in the local criminal court.

2. If there is not reasonable cause to believe that the defendant

committed a felony but there is reasonable cause to believe that he

committed an offense other than a felony, the court may, by means of

procedures prescribed in subdivision three of section 180.50, reduce the

charge to one for such non-felony offense.

3. If there is reasonable cause to believe that the defendant

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

instead of ordering the defendant held for the action of a grand jury as

provided in subdivision one, reduce the charge to one for such

non-felony offense as provided in subdivision two, if (a) it is

satisfied that such reduction is in the interest of justice, and (b) the

district attorney consents thereto; provided, however, that the court

may not order such reduction where there is reasonable cause to believe

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.

4. If there is not reasonable cause to believe that the defendant

committed any offense, the court must dismiss the felony complaint and

discharge the defendant from custody if he is in custody, or, if he is

at liberty on bail, it must exonerate the bail.