CPL 180

Flashcards covering vocabulary, statutory references, and procedural rules under New York CPL Article 180.

CPL 180.10

The statute governing proceedings upon a felony complaint, including arraignment procedures, defendant's rights, court instructions, and securing orders in local criminal courts.

Securing Order

An order issued by the court at arraignment that releases the defendant on their own recognizance (ROR), sets bail, or commits the defendant to the custody of the sheriff.

Off-Hours Arraignment Part

A court part to which a proceeding is adjourned if a defendant appears at arraignment without counsel and no attorney is available.

CPL 180.20

The statute governing the removal or transfer of a felony complaint action from one local criminal court to another.

Specialized Treatment Courts (CPL 180.20)

Designated drug courts, human trafficking courts, or veterans treatment courts in counties outside New York City to which eligible pending felony complaints may be transferred.

CPL 180.30

The statute governing action taken after a defendant waives the right to a preliminary hearing, requiring the court to hold the defendant for grand jury action or consider reducing charges under CPL 180.50.

CPL 180.40

The statute allowing the district attorney to apply to a superior court to return a felony complaint to the local criminal court for reconsideration before grand jury presentation.

Ex Parte Application

A legal application or request made by the district attorney to the court without requiring the defendant's participation.

CPL 180.50

The statute governing the reduction of a felony charge to a non-felony offense (misdemeanor or petty offense) by replacing or converting the felony complaint.

Class A Felony and Armed Felony Restrictions (CPL 180.50)

Prohibitions preventing a court from reducing a felony charge if there is reasonable cause to believe the defendant committed an armed felony or a Class A felony (other than certain Article 220 drug felonies).

CPL 180.60

The statute governing procedural rules and the conduct of a preliminary hearing on a felony complaint.

Preliminary Hearing Adjournment Limit

A procedural rule specifying that without good cause, an adjournment of a preliminary hearing may not exceed one day.

CPL 180.70

The statute governing the local criminal court's disposition options (holding for grand jury, reducing charges, or dismissing) following a preliminary hearing on a felony complaint.

CPL 180.75

The statute establishing that special procedures in Article 722 govern juvenile offenders and adolescent offenders in the Youth Part instead of CPL 180.30, 180.50, and 180.70.

CPL 180.80

The statute requiring release of a defendant from custody on their own recognizance if a felony complaint is not disposed of or a preliminary hearing is not commenced within statutory time limits.

CPL 180.80 Time Limits

The statutory timeframe requiring custody release if no action is taken within 120 hours of arrest, or 144 hours if a Saturday, Sunday, or legal holiday occurs during the period.

Good Cause (CPL 180.80)

A compelling fact or circumstance shown by the prosecution that prevented timely disposition of a felony complaint or made custody release contrary to the interests of justice.

CPL 180.85

The statute allowing the termination of a felony prosecution by consent after a felony complaint has been pending for at least 12 months without grand jury action or other disposition.

45-Day Postponement Period (CPL 180.85)

The maximum timeframe a court may postpone its decision on a motion to terminate prosecution if the People file a notice of opposition, allowing time for grand jury presentation or case disposition.