N.Y. Crim. Proc. Law § 180.40

§ 180.40 Proceedings upon felony complaint; application in superior\n court following hearing or waiver of hearing.\n Where the local criminal court has held a defendant for the action of\na grand jury, the district attorney may, at any time before such matter\nis submitted to the grand jury, apply, ex parte, to the appropriate\nsuperior court for an order directing that the felony complaint and\nother papers transmitted to such court pursuant to subdivision one of\nsection 180.30 be returned to the local criminal court for\nreconsideration of the action to be taken. The superior court may issue\nsuch an order if it is satisfied that the felony complaint is defective\nor that such action is required in the interest of justice.\n