New York Consolidated Laws

N.Y. Criminal Procedure Law § 180.80 (2026)

Proceedings upon felony complaint; release of defendant from custody upon failure of timely disposition

✓ current as of May 2026
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§ 180.80 Proceedings upon felony complaint; release of defendant from
             custody upon failure of timely disposition.
  Upon application of a defendant against whom a felony complaint has
been filed with a local criminal court or the youth part of a superior
court, and who, since the time of his arrest or subsequent thereto, has
been held in custody pending disposition of such felony complaint, and
who has been confined in such custody for a period of more than one
hundred twenty hours or, in the event that a Saturday, Sunday or legal
holiday occurs during such custody, one hundred forty-four hours,
without either a disposition of the felony complaint or commencement of
a hearing thereon, the court must release him on his own recognizance
unless:
  1. The failure to dispose of the felony complaint or to commence a
hearing thereon during such period of confinement was due to the
defendant's request, action or condition, or occurred with his consent;
or
  2. Prior to the application:
  (a) The district attorney files with the court a written certification
that an indictment has been voted; or
  (b) An indictment or a direction to file a prosecutor's information
charging an offense based upon conduct alleged in the felony complaint
was filed by a grand jury; or
  3. The court is satisfied that the people have shown good cause why
such order of release should not be issued. Such good cause must consist
of some compelling fact or circumstance which precluded disposition of
the felony complaint within the prescribed period or rendered such
action against the interest of justice.
Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2003–2023 · leading case: Edwards v. Superintendent, Southport C.F., 991 F. Supp. 2d 348 (E.D.N.Y 2013).
Edwards v. Superintendent, Southport C.F., 991 F. Supp. 2d 348 (E.D.N.Y 2013). “Petitioner also could not in state court, and cannot now, avail himself of a speedy *379 trial claim based on Criminal Procedure Law § 180.80, as the Nassau County charges about which he complains were initiated through a grand jury action, not by the filing of a felony…”
McKay v. Town of Southampton, 2023 NY Slip Op 04664 (N.Y. App. Div. 2023). “Criminal Procedure Law § 180.80 The legality of pretrial detention is governed by CPL 180.”
Jones v. Papa (E.D.N.Y 2021). “Standard of Review The Prison Litigation Reform Act requires a district court to screen a civil complaint brought by a prisoner against a governmental entity or its agents and dismiss the complaint, or any portion of the complaint, if the complaint is “frivolous, malicious, or…”
People v. Bolden, 1 Misc. 3d 663 (N.Y. City Civ. Ct. 2003). “) Bail was set and the case was adjourned to July 1, 2002, pursuant to Criminal Procedure Law § 180.80. On July 1, 2002, the felony complaint was replaced with a misdemeanor information pursuant to Criminal Procedure Law § 180.”
People v. Davey, 37 Misc. 3d 190 (Lockport Just. Ct. 2012). “The People were unable to go forward with the preliminary hearing and this court released the defendant on his own recognizance pursuant to Criminal Procedure Law § 180.80. The matter was set for status on March 22, 2012.”
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