New York statute
N.Y. Criminal Procedure Law § 180.40 — Proceedings upon felony complaint; application in superior court following hearing or waiver of hearing
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 180: Proceedings Upon Felony Complaint From Arraignment Thereon Through Disposition Thereof, New York Criminal Procedure Law.
Full text of N.Y. Criminal Procedure Law § 180.40
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
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.
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