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This entry was published on 2019-10-04
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SECTION 190.80
Grand jury; release of defendant upon failure of timely grand jury action
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE I, ARTICLE 190
§ 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.