Proceedings upon felony complaint; the hearing; conduct thereof
§ 180.60 Proceedings upon felony complaint; the hearing; conduct
thereof.
A hearing upon a felony complaint must be conducted as follows:
1. The district attorney must conduct such hearing on behalf of the people.
2. The defendant may as a matter of right be present at such hearing.
3. The court must read to the defendant the felony complaint and any supporting depositions unless the defendant waives such reading.
4. Each witness, whether called by the people or by the defendant, must, unless he would be authorized to give unsworn evidence at a trial, testify under oath. Each witness, including any defendant testifying in his own behalf, may be cross-examined.
5. The people must call and examine witnesses and offer evidence in support of the charge.
6. The defendant may, as a matter of right, testify in his own behalf.
7. Upon request of the defendant, the court may, as a matter of discretion, permit him to call and examine other witnesses or to produce other evidence in his behalf.
8. Upon such a hearing, only non-hearsay evidence is admissible to demonstrate reasonable cause to believe that the defendant committed a felony; except that reports of experts and technicians in professional and scientific fields and sworn statements of the kinds specified in subdivisions two and three of section 190.30 are admissible to the same extent as in a grand jury proceeding, unless the court determines, upon application of the defendant, that such hearsay evidence is, under the particular circumstances of the case, not sufficiently reliable, in which case the court shall require that the witness testify in person and be subject to cross-examination.
9. The court may, upon application of the defendant, exclude the public from the hearing and direct that no disclosure be made of the proceedings.
10. Such hearing should be completed at one session. In the interest of justice, however, it may be adjourned by the court but, in the absence of a showing of good cause therefor, no such adjournment may be for more than one day.
How a preliminary hearing runs:
1. The DA conducts it for the People.
2. Defendant may as of right be present.
3. Court reads the felony complaint and supporting depositions unless the defendant waives the reading.
4. Witnesses testify under oath (unless authorized to give unsworn evidence) and may be cross-examined, including a testifying defendant.
5. The People must call witnesses and offer evidence supporting the charge.
6. The defendant may as of right testify in his own behalf.
7. Whether the defendant may call other witnesses/evidence is discretionary with the court. ★
8. Only non-hearsay evidence shows reasonable cause — except expert/technician reports and the sworn statements in § 190.30(2)–(3) are admissible as in a grand jury, unless the court finds the hearsay not reliable enough, in which case the witness must testify in person. ★
9. Court may exclude the public on defendant's application.
10. Hearing should finish in one session; adjournment allowed in the interest of justice, but absent good cause, no adjournment longer than one day. ★
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.