N.Y. Criminal Procedure Law § 180.80: Proceedings upon felony complaint; release of defendant from custody upon failure of timely disposition

§ 180.80 Proceedings upon felony complaint; release of defendant from

custody upon failure of timely disposition.

Upon application of a defendant against whom a felony complaint has

been filed with a local criminal court or the youth part of a superior

court, and who, since the time of his arrest or subsequent thereto, has

been held in custody pending disposition of such felony complaint, and

who has been confined in such custody for a period of more than one

hundred twenty hours or, in the event that a Saturday, Sunday or legal

holiday occurs during such custody, one hundred forty-four hours,

without either a disposition of the felony complaint or commencement of

a hearing thereon, the court must release him on his own recognizance

unless:

1. The failure to dispose of the felony complaint or to commence a

hearing thereon during such period of confinement was due to the

defendant's request, action or condition, or occurred with his consent;

or

2. Prior to the application:

(a) The district attorney files with the court a written certification

that an indictment has been voted; or

(b) An indictment or a direction to file a prosecutor's information

charging an offense based upon conduct alleged in the felony complaint

was filed by a grand jury; or

3. The court is satisfied that the people have shown good cause why

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

of some compelling fact or circumstance which precluded disposition of

the felony complaint within the prescribed period or rendered such

action against the interest of justice.