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This entry was published on 2014-09-22
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SECTION 180.30
Proceedings upon felony complaint; waiver of hearing; action to be taken
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE H, ARTICLE 180
§ 180.30 Proceedings upon felony complaint; waiver of hearing; action to

be 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.