Section 180.70. Proceedings upon felony complaint; disposition of felony complaint after hearing  


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  • At the conclusion of a hearing, the court must dispose of  the  felony
      complaint as follows:
        1.    If  there  is  reasonable  cause  to  believe that the defendant
      committed a felony, the court must, except as  provided  in  subdivision
      three,  order  that the defendant be held for the action of a grand jury
      of the appropriate superior court, and it must promptly transmit to such
      superior  court  the  order,  the  felony  complaint,   the   supporting
      depositions  and  all  other pertinent documents.  Until such papers are
      received by the superior court, the action is deemed to be still pending
      in the local criminal court.
        2.  If there is not reasonable cause to  believe  that  the  defendant
      committed  a  felony  but  there  is reasonable cause to believe that he
      committed an offense other than a felony, the court  may,  by  means  of
      procedures prescribed in subdivision three of section 180.50, reduce the
      charge to one for such non-felony offense.
        3.    If  there  is  reasonable  cause  to  believe that the defendant
      committed a felony in addition to a non-felony offense, the  court  may,
      instead of ordering the defendant held for the action of a grand jury as
      provided  in  subdivision  one,  reduce  the  charge  to  one  for  such
      non-felony offense  as  provided  in  subdivision  two,  if  (a)  it  is
      satisfied that such reduction is in the interest of justice, and (b) the
      district  attorney  consents  thereto; provided, however, that the court
      may not order such reduction where there is reasonable cause to  believe
      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.
        4.    If  there  is not reasonable cause to believe that the defendant
      committed any offense, the court must dismiss the felony  complaint  and
      discharge  the  defendant from custody if he is in custody, or, if he is
      at liberty on bail, it must exonerate the bail.