CPL 180.40 · Article 180. Proceedings Upon Felony Complaint From Arraignment Thereon Through Disposition Thereof
Proceedings upon felony complaint; application in superior court following hearing or waiver of hearing
Text — Law content up to date as of October 2, 2026, as published by the New York State Senate (Open Legislation)
§ 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 of truth
- Edition
- Law content up to date as of October 2, 2026, as published by the New York State Senate (Open Legislation)
- Official file
- https://legislation.nysenate.gov/pdf/laws/CPL180.40
- Text hash
- sha256 b52f06230d3bff36c69156571a329c691d5e284e13be86c14a3272733a5bc8fd
- Composed by
- gen_ny_statutes.py 2026-11-10: the Senate's Open Legislation law tree (GET /api/3/laws/<ID>?full=true) read in document order; the Senate's PDF of the whole law (GET /pdf/laws/<ID>?full=true), read with PDFium, prints the same words in the same order
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.