Under CPL 180.80, a defendant held on a felony complaint awaiting grand jury action must be released on his own recognizance when the complaint remains undisposed for more than how many hours?

• A. 120 hours
• B. 72 hours
• C. 200 hours
• D. 96 hours

Answer: (A)

The time limit being tested is how long a person can be kept in custody on a felony complaint while waiting for grand jury action before a release on their own recognizance is required. Under CPL 180.80, if the complaint remains undisposed for more than 120 hours, the defendant must be released on his own recognizance. This five-day threshold is designed to prevent unnecessary detention while the grand jury considers the case, signaling that continued custody beyond that window isn’t justified by the pending action.

In other words, once five days have passed without the grand jury taking action, the court must release the defendant on recognizance. The other options—72, 96, or 200 hours—do not match the statute’s five-day limit, so they aren’t correct.