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This entry was published on 2021-05-07
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SECTION 180.80
Proceedings upon felony complaint; release of defendant from custody upon failure of timely disposition
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE H, ARTICLE 180
§ 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

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;

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.