1. The Laws of New York
  2. Consolidated Laws
  3. Criminal Procedure
  4. Part 2: The Principal Proceedings
  5. Title H: Preliminary Proceedings In Local Criminal Court
  6. Article 170: Proceedings Upon Information, Simplified Traffic Information, Prosecutor's Information and Misdemeanor Complaint From Arraignment To Plea


Section 170.70 Release of defendant upon failure to replace misdemeanor complaint by information

Criminal Procedure (CPL)

§ 170.70 Release of defendant upon failure to replace misdemeanor

   complaint by information.

  Upon application of a defendant against whom a misdemeanor complaint is pending in a local criminal court, and who, either at the time of his arraignment thereon or subsequent thereto, has been committed to the custody of the sheriff pending disposition of the action, and who has been confined in such custody for a period of more than five days, not including Sunday, without any information having been filed in replacement of such misdemeanor complaint, the criminal court must release the defendant on his own recognizance unless:

  1. The defendant has waived prosecution by information and consented to be prosecuted upon the misdemeanor complaint, pursuant to subdivision three of section 170.65; or

  2. The court is satisfied that there is good cause why such order of release should not be issued. Such good cause must consist of some compelling fact or circumstance which precluded replacement of the misdemeanor complaint by an information or a prosecutor's information within the prescribed period.