N.Y. CPL Law § 722.20 — New York Code / Act CPL / Part 3 / Title U / Article 722 / Section 722.20
Proceedings upon felony complaint; juvenile offender
Status: in_force

§ 722.20 Proceedings upon felony complaint; juvenile offender.\n  1. When a juvenile offender is arraigned before a youth part, the\nprovisions of this section shall apply. If the youth part is not in\nsession, the defendant shall be brought before the most accessible\nmagistrate designated by the appellate division of the supreme court to\nact as a youth part for the purpose of making a determination whether\nsuch juvenile shall be detained or, with the consent of the district\nattorney, immediately removed to family court. If the defendant is\nordered to be detained, he or she shall be brought before the next\nsession of the youth part. If the defendant is not detained, he or she\nshall be ordered to appear at the next session of the youth part or the\nfamily court.\n  2. If the defendant waives a hearing upon the felony complaint, the\ncourt must order that the defendant be held for the action of the grand\njury with respect to the charge or charges contained in the felony\ncomplaint.\n  3. If there be a hearing, then at the conclusion of the hearing, the\nyouth part court must dispose of the felony complaint as follows:\n  (a) If there is reasonable cause to believe that the defendant\ncommitted a crime for which a person under the age of sixteen is\ncriminally responsible, the court must order that the defendant be held\nfor the action of a grand jury; or\n  (b) If there is not reasonable cause to believe that the defendant\ncommitted a crime for which a person under the age of sixteen is\ncriminally responsible but there is reasonable cause to believe that the\ndefendant is a "juvenile delinquent" as defined in subdivision one of\nsection 301.2 of the family court act, the court must specify the act or\nacts it found reasonable cause to believe the defendant did and direct\nthat the action be removed to the family court in accordance with the\nprovisions of article seven hundred twenty-five of this title; or\n  (c) If there is not reasonable cause to believe that the defendant\ncommitted any criminal act, the court must dismiss the felony complaint\nand discharge the defendant from custody if he is in custody, or if he\nis at liberty on bail, it must exonerate the bail.\n  4. Notwithstanding the provisions of subdivisions two and three of\nthis section, the court shall, at the request of the district attorney,\norder removal of an action against a juvenile offender to the family\ncourt pursuant to the provisions of article seven hundred twenty-five of\nthis title if, upon consideration of the criteria specified in\nsubdivision two of section 722.22 of this article, it is determined that\nto do so would be in the interests of justice. Where, however, the\nfelony complaint charges the juvenile offender with murder in the second\ndegree as defined in section 125.25 of the penal law, rape in the first\ndegree as defined in paragraph (a) of subdivision one, paragraph (a) of\nsubdivision two and paragraph (a) of subdivision three of section 130.35\nof the penal law, rape in the first degree as formerly defined in\nsubdivision one of section 130.35 of the penal law; a crime formerly\ndefined in subdivision one of section 130.50 of the penal law, or an\narmed felony as defined in paragraph (a) of subdivision forty-one of\nsection 1.20 of this chapter, a determination that such action be\nremoved to the family court shall, in addition, be based upon a finding\nof one or more of the following factors: (i) mitigating circumstances\nthat bear directly upon the manner in which the crime was committed; or\n(ii) where the defendant was not the sole participant in the crime, the\ndefendant's participation was relatively minor although not so minor as\nto constitute a defense to the prosecution; or (iii) possible\ndeficiencies in proof of the crime.\n  5. Notwithstanding the provisions of subdivision two, three, or four\nof this section, if a currently undetermined felony complaint against a\njuvenile offender is pending, and the defendant has not waived a hearing\npursuant to subdivision two of this section and a hearing pursuant to\nsubdivision three of this section has not commenced, the defendant may\nmove to remove the action to family court pursuant to 722.22 of this\narticle. The procedural rules of subdivisions one and two of section\n210.45 of this chapter are applicable to a motion pursuant to this\nsubdivision. Upon such motion, the court shall proceed and determine the\nmotion as provided in section 722.22 of this article; provided, however,\nthat the exception provisions of paragraph (b) of subdivision one of\nsection 722.22 of this article shall not apply when there is not\nreasonable cause to believe that the juvenile offender committed one or\nmore of the crimes enumerated therein, and in such event the provisions\nof paragraph (a) thereof shall apply.\n  6. (a) If the court orders removal of the action to family court, it\nshall state on the record the factor or factors upon which its\ndetermination is based, and the court shall give its reasons for removal\nin detail and not in conclusory terms.\n  (b) The district attorney shall state upon the record the reasons for\nhis consent to removal of the action to the family court where such\nconsent is required. The reasons shall be stated in detail and not in\nconclusory terms.\n  (c) For the purpose of making a determination pursuant to subdivision\nfour or five of this section, the court may make such inquiry as it\ndeems necessary. Any evidence which is not legally privileged may be\nintroduced. If the defendant testifies, his testimony may not be\nintroduced against him in any future proceeding, except to impeach his\ntestimony at such future proceeding as inconsistent prior testimony.\n  (d) Where a motion for removal by the defendant pursuant to\nsubdivision five of this section has been denied, no further motion\npursuant to this section or section 722.22 of this article may be made\nby the juvenile offender with respect to the same offense or offenses.\n  (e) Except as provided by paragraph (f) of this subdivision, this\nsection shall not be construed to limit the powers of the grand jury.\n  (f) Where a motion by the defendant pursuant to subdivision five of\nthis section has been granted, there shall be no further proceedings\nagainst the juvenile offender in any local or superior criminal court\nincluding the youth part of the superior court for the offense or\noffenses which were the subject of the removal order.\n