2017 New York Laws
CPL - Criminal Procedure
Part 2 - The Principal Proceedings
Title H - Preliminary Proceedings in Local Criminal Court
Article 180 - Proceedings Upon Felony Complaint From Arraignment Thereon Through Disposition Thereof
180.30 - Proceedings Upon Felony Complaint; Waiver of Hearing; Action to Be Taken.
180.30 Proceedings upon felony complaint; waiver of hearing; action tobe taken.
If the defendant waives a hearing upon the felony complaint, the court must either:
1. Order that the defendant be held for the action of a grand jury of the appropriate superior court with respect to the charge or charges contained in the felony complaint. In such case, the court must promptly transmit to such superior court the order, the felony complaint, the supporting depositions and all other pertinent documents. Until such papers are received by the superior court, the action is deemed to be still pending in the local criminal court; or
2. Make inquiry, pursuant to section 180.50, for the purpose of determining whether the felony complaint should be dismissed and an information, a prosecutor's information or a misdemeanor complaint filed with the court in lieu thereof.
