N.Y. Criminal Procedure Law 180.60 – Proceedings upon felony complaint; the hearing; conduct thereof
§ 180.60 Proceedings upon felony complaint; the hearing; conduct
Terms Used In N.Y. Criminal Procedure Law 180.60
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
- Oath: A promise to tell the truth.
- Testify: Answer questions in court.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
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.