New York Laws
Article 170 - Proceedings Upon Information, Simplified Traffic Information, Prosecutor's Information and Misdemeanor Complaint From Arraignment to Plea
170.25 - Divestiture of Jurisdiction by Indictment; Removal of Case to Superior Court at Defendant's Instance.

(a) If a motion in a superior court is not made by the defendant
within the designated period, the proceedings in the local criminal
court must continue.
(b) If a motion in a superior court is made by the defendant within
the designated period, such motion stays the proceedings in the local
criminal court until the entry of an order determining such motion.
(c) If the superior court enters an order granting the motion, such
order stays the proceedings in the local criminal court as provided in
subdivision two; and upon a subsequent indictment or dismissal of such
charge by the grand jury, the proceedings in the local criminal court
terminate as provided in subdivision two.
(d) If the superior court enters an order denying the motion, the
proceedings in the local criminal court must continue.
4. Upon application of a defendant who on the basis of an order
issued by a superior court pursuant to subdivision one is awaiting grand
jury action, and who, at the time of such order or subsequent thereto,
has been committed to the custody of the sheriff pending grand jury
action, and who has been confined in such custody for a period of more
than forty-five days without the occurrence of any grand jury action or
disposition, the superior court which issued such order must release him
on his own recognizance unless:
(a) The lack of a grand jury disposition during such period of
confinement was due to the defendant's request, action or condition, or
occurred with his consent; or
(b) The people have shown good cause why such order of release should
not be issued. Such good cause must consist of some compelling fact or

circumstance which precluded grand jury action within the prescribed
period or rendered the same against the interest of justice.