Legislation
SECTION 180.60
Proceedings upon felony complaint; the hearing; conduct thereof
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE H, ARTICLE 180
§ 180.60 Proceedings upon felony complaint; the hearing; conduct
thereof.
A hearing upon a felony complaint must be conducted as follows:
1. The district attorney must conduct such hearing on behalf of the
people.
2. The defendant may as a matter of right be present at such hearing.
3. The court must read to the defendant the felony complaint and any
supporting depositions unless the defendant waives such reading.
4. Each witness, whether called by the people or by the defendant,
must, unless he would be authorized to give unsworn evidence at a trial,
testify under oath. Each witness, including any defendant testifying in
his own behalf, may be cross-examined.
5. The people must call and examine witnesses and offer evidence in
support of the charge.
6. The defendant may, as a matter of right, testify in his own
behalf.
7. Upon request of the defendant, the court may, as a matter of
discretion, permit him to call and examine other witnesses or to produce
other evidence in his behalf.
8. Upon such a hearing, only non-hearsay evidence is admissible to
demonstrate reasonable cause to believe that the defendant committed a
felony; except that reports of experts and technicians in professional
and scientific fields and sworn statements of the kinds specified in
subdivisions two and three of section 190.30 are admissible to the same
extent as in a grand jury proceeding, unless the court determines, upon
application of the defendant, that such hearsay evidence is, under the
particular circumstances of the case, not sufficiently reliable, in
which case the court shall require that the witness testify in person
and be subject to cross-examination.
9. The court may, upon application of the defendant, exclude the
public from the hearing and direct that no disclosure be made of the
proceedings.
10. Such hearing should be completed at one session. In the interest
of justice, however, it may be adjourned by the court but, in the
absence of a showing of good cause therefor, no such adjournment may be
for more than one day.
thereof.
A hearing upon a felony complaint must be conducted as follows:
1. The district attorney must conduct such hearing on behalf of the
people.
2. The defendant may as a matter of right be present at such hearing.
3. The court must read to the defendant the felony complaint and any
supporting depositions unless the defendant waives such reading.
4. Each witness, whether called by the people or by the defendant,
must, unless he would be authorized to give unsworn evidence at a trial,
testify under oath. Each witness, including any defendant testifying in
his own behalf, may be cross-examined.
5. The people must call and examine witnesses and offer evidence in
support of the charge.
6. The defendant may, as a matter of right, testify in his own
behalf.
7. Upon request of the defendant, the court may, as a matter of
discretion, permit him to call and examine other witnesses or to produce
other evidence in his behalf.
8. Upon such a hearing, only non-hearsay evidence is admissible to
demonstrate reasonable cause to believe that the defendant committed a
felony; except that reports of experts and technicians in professional
and scientific fields and sworn statements of the kinds specified in
subdivisions two and three of section 190.30 are admissible to the same
extent as in a grand jury proceeding, unless the court determines, upon
application of the defendant, that such hearsay evidence is, under the
particular circumstances of the case, not sufficiently reliable, in
which case the court shall require that the witness testify in person
and be subject to cross-examination.
9. The court may, upon application of the defendant, exclude the
public from the hearing and direct that no disclosure be made of the
proceedings.
10. Such hearing should be completed at one session. In the interest
of justice, however, it may be adjourned by the court but, in the
absence of a showing of good cause therefor, no such adjournment may be
for more than one day.