N.Y. CPL Law § 190.80

§ 190.80 Grand jury; release of defendant upon failure of timely grand\n jury action.\n Upon application of a defendant who on the basis of a felony complaint\nhas been held by a local criminal court for the action of a grand jury,\nand who, at the time of such order or subsequent thereto, has been\ncommitted to the custody of the sheriff pending such grand jury action,\nand who has been confined in such custody for a period of more than\nforty-five days, or, in the case of a juvenile offender or adolescent\noffender, thirty days, without the occurrence of any grand jury action\nor disposition pursuant to subdivision one, two or three of section\n190.60, the superior court by which such grand jury was or is to be\nimpaneled must release him on his own recognizance unless:\n (a) The lack of a grand jury disposition during such period of\nconfinement was due to the defendant's request, action or condition, or\noccurred with his consent; or\n (b) The people have shown good cause why such order of release should\nnot be issued. Such good cause must consist of some compelling fact or\ncircumstance which precluded grand jury action within the prescribed\nperiod or rendered the same against the interest of justice.\n