Proceedings upon felony complaint; application in superior court following hearing or waiver of hearing
§ 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.
After the local court has held the defendant for the grand jury, the DA may — before the matter goes to the grand jury — apply ex parte to superior court for an order sending the felony complaint and papers back to the local court for reconsideration. The superior court may grant it if satisfied the complaint is defective or that reconsideration is required in the interest of justice. ★
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 3 — The JG-22 Criminal Procedure Law and in Volume 1 — The JG-22 in Plain English.