NY Crim Pro L § 180.50 (2021)
2021 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 180.50 - Proceedings Upon Felony Complaint; Reduction of Charge.

§ 180.50 Proceedings upon felony complaint; reduction of charge.   1.    Whether  or  not  the defendant waives a hearing upon the felony complaint, the local criminal court may, upon consent  of  the  district attorney,  make  inquiry  for the purpose of determining whether (a) the available facts and evidence relating  to  the  conduct  underlying  the felony  complaint  provide  a  basis  for charging the defendant with an offense other than a felony, and (b) if so, whether the  charge  should, in the manner prescribed in subdivision three, be reduced from one for a felony  to  one  for a non-felony offense.  Upon such inquiry, the court may question any person who it believes may possess information relevant to the matter, including the defendant if he wishes to be questioned.   2.   If after such inquiry  the  court  is  satisfied  that  there  is reasonable  cause  to  believe  that  the defendant committed an offense other than a felony, it may order the indicated reduction as follows:  (a)  If there is not reasonable cause to believe  that  the  defendant committed  a  felony  in addition to the non-felony offense in question, the court may as a matter of right order a reduction of  the  charge  to one for the non-felony offense;  (b)    If  there  is  reasonable  cause  to believe that the defendant committed a felony in addition to the non-felony offense, the court  may order  a  reduction of the charge to one for the non-felony offense only if (i) it is satisfied  that  such  reduction  is  in  the  interest  of justice,  and  (ii)  the  district  attorney consents thereto; provided, however, that the court may not order  such  reduction  where  there  is reasonable  cause  to  believe  that  the  defendant committed a class A felony, other than those defined in article two hundred  twenty  of  the penal  law,  or  any armed felony as defined in subdivision forty-one of section 1.20.   3.   A charge is "reduced" from a  felony  to  a  non-felony  offense, within  the  meaning  of this section, by replacing the felony complaint with, or converting it  to,  another  local  criminal  court  accusatory instrument, as follows:  (a)    If  the  factual allegations of the felony complaint and/or any supporting depositions are legally sufficient to support the charge that the defendant committed the non-felony offense in  question,  the  court may:  (i)     Direct  the  district  attorney  to  file  with  the  court  a prosecutor's information charging the  defendant  with  such  non-felony offense; or  (ii)  Request the complainant of the felony complaint to file with the court  an  information  charging  the  defendant  with  such  non-felony offense.  If such an information is  filed,  any  supporting  deposition supporting  or  accompanying  the  felony  complaint  is  deemed also to support or accompanying the replacing information; or  (iii)   Convert the felony complaint,  or  a  copy  thereof,  into  an information  by  notations  upon  or  attached  thereto  which  make the necessary and appropriate changes in the title of the instrument and  in the  names  of  the  offense  or  offenses  charged.    In  case of such conversion, any supporting deposition  supporting  or  accompanying  the felony  complaint is deemed also to support or accompany the information to which it has been converted;  (b)  If the non-felony offense in question is a  misdemeanor,  and  if the  factual  allegations of the felony complaint together with those of any supporting depositions, though providing reasonable cause to believe that the defendant committed such misdemeanor are not legally sufficient to support such misdemeanor charge, the  court  may  cause  such  felony complaint  to  be  replaced  by  or converted to a misdemeanor complaint  charging the misdemeanor  in  question,  in  the  manner  prescribed  in subparagraphs two and three of paragraph (a) of this subdivision.  (c)    An  information,  a  prosecutor's  information or a misdemeanor complaint filed pursuant to this section may, pursuant to  the  ordinary rules of joinder, charge two or more offenses, and it may jointly charge with  each  offense  any two or more defendants originally so charged in the felony complaint;  (d)  Upon the filing of an information, a prosecutor's information  or a misdemeanor complaint pursuant to this section, the court must dismiss the  felony  complaint from which such accusatory instrument is derived. It must then arraign the defendant upon the  new  accusatory  instrument and  inform  him  of  his  rights  in connection therewith in the manner provided in section 170.10.   4.  Upon making any finding other than that specified  in  subdivision two,  the court must conduct a hearing upon the felony complaint, unless the defendant has waived the same.  In the case of such waiver the court must order that the defendant be held for the action of a grand jury.