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Section 180.80 – Proceedings upon felony complaint; release of defendant from custody upon failure of timely disposition

May 14, 2021 | Criminal Procedure, New York

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 unless:

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; or
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.[Effective until 7/17/2020] 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.
3.[Effective 7/17/2020 until 4/30/2021]

(a) 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.
(b) In the event of a state disaster emergency, declared in accordance with article two-B of the executive law, electronic appearances at a hearing on a felony complaint shall be governed by section 180.65 of this article.
3.[Effective 4/30/2021] 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.

N.Y. Crim. Proc. Law ยง 180.80

Amended by New York Laws 2020, ch. 123,Sec. 2, eff. 7/17/2020, exp. 4/30/2021.
Amended by New York Laws 2017, ch. 59,Sec. WWW-27, eff. 10/1/2018.