Proceedings upon felony complaint; reduction of charge

§ 180.50 Proceedings upon felony complaint; reduction of charge.\n 1. Whether or not the defendant waives a hearing upon the felony\ncomplaint, the local criminal court may, upon consent of the district\nattorney, make inquiry for the purpose of determining whether (a) the\navailable facts and evidence relating to the conduct underlying the\nfelony complaint provide a basis for charging the defendant with an\noffense other than a felony, and (b) if so, whether the charge should,\nin the manner prescribed in subdivision three, be reduced from one for a\nfelony to one for a non-felony offense. Upon such inquiry, the court\nmay question any person who it believes may possess information relevant\nto the matter, including the defendant if he wishes to be questioned.\n 2. If after such inquiry the court is satisfied that there is\nreasonable cause to believe that the defendant committed an offense\nother than a felony, it may order the indicated reduction as follows:\n (a) If there is not reasonable cause to believe that the defendant\ncommitted a felony in addition to the non-felony offense in question,\nthe court may as a matter of right order a reduction of the charge to\none for the non-felony offense;\n (b) If there is reasonable cause to believe that the defendant\ncommitted a felony in addition to the non-felony offense, the court may\norder a reduction of the charge to one for the non-felony offense only\nif (i) it is satisfied that such reduction is in the interest of\njustice, and (ii) the district attorney consents thereto; provided,\nhowever, that the court may not order such reduction where there is\nreasonable cause to believe that the defendant committed a class A\nfelony, other than those defined in article two hundred twenty of the\npenal law, or any armed felony as defined in subdivision forty-one of\nsection 1.20.\n 3. A charge is "reduced" from a felony to a non-felony offense,\nwithin the meaning of this section, by replacing the felony complaint\nwith, or converting it to, another local criminal court accusatory\ninstrument, as follows:\n (a) If the factual allegations of the felony complaint and/or any\nsupporting depositions are legally sufficient to support the charge that\nthe defendant committed the non-felony offense in question, the court\nmay:\n (i) Direct the district attorney to file with the court a\nprosecutor's information charging the defendant with such non-felony\noffense; or\n (ii) Request the complainant of the felony complaint to file with the\ncourt an information charging the defendant with such non-felony\noffense. If such an information is filed, any supporting deposition\nsupporting or accompanying the felony complaint is deemed also to\nsupport or accompanying the replacing information; or\n (iii) Convert the felony complaint, or a copy thereof, into an\ninformation by notations upon or attached thereto which make the\nnecessary and appropriate changes in the title of the instrument and in\nthe names of the offense or offenses charged. In case of such\nconversion, any supporting deposition supporting or accompanying the\nfelony complaint is deemed also to support or accompany the information\nto which it has been converted;\n (b) If the non-felony offense in question is a misdemeanor, and if\nthe factual allegations of the felony complaint together with those of\nany supporting depositions, though providing reasonable cause to believe\nthat the defendant committed such misdemeanor are not legally sufficient\nto support such misdemeanor charge, the court may cause such felony\ncomplaint to be replaced by or converted to a misdemeanor complaint\ncharging the misdemeanor in question, in the manner prescribed in\nsubparagraphs two and three of paragraph (a) of this subdivision.\n (c) An information, a prosecutor's information or a misdemeanor\ncomplaint filed pursuant to this section may, pursuant to the ordinary\nrules of joinder, charge two or more offenses, and it may jointly charge\nwith each offense any two or more defendants originally so charged in\nthe felony complaint;\n (d) Upon the filing of an information, a prosecutor's information or\na misdemeanor complaint pursuant to this section, the court must dismiss\nthe felony complaint from which such accusatory instrument is derived.\nIt must then arraign the defendant upon the new accusatory instrument\nand inform him of his rights in connection therewith in the manner\nprovided in section 170.10.\n 4. Upon making any finding other than that specified in subdivision\ntwo, the court must conduct a hearing upon the felony complaint, unless\nthe defendant has waived the same. In the case of such waiver the court\nmust order that the defendant be held for the action of a grand jury.\n