N.Y. Criminal Procedure Law § 190.80: Grand jury; release of defendant upon failure of timely grand jury action

§ 190.80 Grand jury; release of defendant upon failure of timely grand

jury action.

Upon application of a defendant who on the basis of a felony complaint

has been held by a local criminal court for the action of a grand jury,

and who, at the time of such order or subsequent thereto, has been

committed to the custody of the sheriff pending such grand jury action,

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

forty-five days, or, in the case of a juvenile offender or adolescent

offender, thirty days, without the occurrence of any grand jury action

or disposition pursuant to subdivision one, two or three of section

190.60, the superior court by which such grand jury was or is to be

impaneled must release him on his own recognizance unless:

(a) The lack of a grand jury disposition during such period of

confinement was due to the defendant's request, action or condition, or

occurred with his consent; or

(b) 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 grand jury action within the prescribed

period or rendered the same against the interest of justice.