N.Y. Criminal Procedure Law Section 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.

Source: Section 180.40 — Proceedings upon felony complaint; application in superior court following hearing or waiver of hearing, https://www.­nysenate.­gov/legislation/laws/CPL/180.­40 (updated Sep. 22, 2014; accessed Nov. 25, 2023).

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Accessed:
Nov. 25, 2023

Last modified:
Sep. 22, 2014

§ 180.40’s source at nysenate​.gov

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