2012 New York Consolidated Laws
CPL - Criminal Procedure
Part 2 - THE PRINCIPAL PROCEEDINGS
Title H - PRELIMINARY PROCEEDINGS IN LOCAL CRIMINAL COURT
Article 180 - (180.10 - 180.85) PROCEEDINGS UPON FELONY COMPLAINT FROM ARRAIGNMENT THEREON THROUGH DISPOSITION THEREOF
180.60 - Proceedings upon felony complaint; the hearing; conduct thereof.

 
  §  180.60  Proceedings  upon  felony  complaint;  the  hearing;  conduct
               thereof.
    A hearing upon a felony complaint must be conducted as follows:
    1.  The district attorney must conduct such hearing on behalf  of  the
  people.
    2.  The defendant may as a matter of right be present at such hearing.
    3.   The court must read to the defendant the felony complaint and any
  supporting depositions unless the defendant waives such reading.
    4.  Each witness, whether called by the people or  by  the  defendant,
  must, unless he would be authorized to give unsworn evidence at a trial,
  testify under oath.  Each witness, including any defendant testifying in
  his own behalf, may be cross-examined.
    5.    The people must call and examine witnesses and offer evidence in
  support of the charge.
    6.   The defendant may, as a matter  of  right,  testify  in  his  own
  behalf.
    7.    Upon  request  of  the  defendant, the court may, as a matter of
  discretion, permit him to call and examine other witnesses or to produce
  other evidence in his behalf.
    8.  Upon such a hearing, only non-hearsay evidence  is  admissible  to
  demonstrate  reasonable  cause to believe that the defendant committed a
  felony; except that reports of experts and technicians  in  professional
  and  scientific  fields  and  sworn statements of the kinds specified in
  subdivisions two and three of section 190.30 are admissible to the  same
  extent  as in a grand jury proceeding, unless the court determines, upon
  application of the defendant, that such hearsay evidence is,  under  the
  particular  circumstances  of  the  case,  not sufficiently reliable, in
  which case the court shall require that the witness  testify  in  person
  and be subject to cross-examination.
    9.    The  court  may,  upon application of the defendant, exclude the
  public from the hearing and direct that no disclosure  be  made  of  the
  proceedings.
    10.  Such hearing should be completed at one session.  In the interest
  of  justice,  however,  it  may  be  adjourned  by the court but, in the
  absence of a showing of good cause therefor, no such adjournment may  be
  for more than one day.