2012 New York Consolidated Laws
CPL - Criminal Procedure
Part 2 - THE PRINCIPAL PROCEEDINGS
Title H - PRELIMINARY PROCEEDINGS IN LOCAL CRIMINAL COURT
Article 170 - (170.10 - 170.70) PROCEEDINGS UPON INFORMATION, SIMPLIFIED TRAFFIC INFORMATION, PROSECUTOR'S INFORMATION AND MISDEMEANOR COMPLAINT FROM ARRAIGNMENT TO PLEA
170.70 - Release of defendant upon failure to replace misdemeanor complaint by information.

 
  §  170.70  Release  of  defendant  upon  failure  to replace misdemeanor
          complaint by information.
    Upon application of a defendant against whom a  misdemeanor  complaint
  is pending in a local criminal court, and who, either at the time of his
  arraignment  thereon  or  subsequent  thereto, has been committed to the
  custody of the sheriff pending disposition of the action,  and  who  has
  been  confined  in such custody for a period of more than five days, not
  including  Sunday,  without  any  information  having  been   filed   in
  replacement  of  such  misdemeanor  complaint,  the  criminal court must
  release the defendant on his own recognizance unless:
    1.  The defendant has waived prosecution by information and  consented
  to be prosecuted upon the misdemeanor complaint, pursuant to subdivision
  three of section 170.65; or
    2.   The court is satisfied that there is good cause why such order of
  release should not be issued.   Such good cause  must  consist  of  some
  compelling  fact  or  circumstance  which  precluded  replacement of the
  misdemeanor complaint by an information or  a  prosecutor's  information
  within the prescribed period.