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This entry was published on 2014-09-22
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SECTION 180.40
Proceedings upon felony complaint; application in superior court following hearing or waiver of hearing
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE H, ARTICLE 180
§ 180.40 Proceedings upon felony complaint; application in superior

court following hearing or waiver of hearing.

Where the local criminal court has held a defendant for the action of
a grand jury, the district attorney may, at any time before such matter
is submitted to the grand jury, apply, ex parte, to the appropriate
superior court for an order directing that the felony complaint and
other papers transmitted to such court pursuant to subdivision one of
section 180.30 be returned to the local criminal court for
reconsideration of the action to be taken. The superior court may issue
such an order if it is satisfied that the felony complaint is defective
or that such action is required in the interest of justice.