Statute · New York Criminal Procedure Law

N.Y. Crim. Proc. Law § 180.40 — Proceedings upon felony complaint; application in superior court following hearing or waiver of hearing

N.Y. Crim. Proc. Law § 180.40

Type
Statute
Source
New York Criminal Procedure Law
Jurisdiction
New York
Current through
Nov 4, 2026 (NY Senate Open Legislation)

§ 180.40 Proceedings upon felony complaint; application in superior

Citator

N.Y. Crim. Proc. Law § 180.40 — Proceedings upon felony complaint; application in superior court following hearing or waiver of hearing is in force in the current edition of the Code, and nothing recorded condemns it.

§ 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.