N.Y. CPL Law § 722.21 — New York Code / Act CPL / Part 3 / Title U / Article 722 / Section 722.21
Proceedings upon felony complaint; adolescent offender
Status: in_force

§ 722.21 Proceedings upon felony complaint; adolescent offender.\n  1. When an adolescent 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 adolescent offender shall be detained or, with the consent of the\ndistrict attorney, immediately removed to family court. If the defendant\nis ordered 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, family\ncourt or the local probation department.\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 felony, the court must order that the defendant be held for\nthe action of a grand jury; or\n  (b) If there is not reasonable cause to believe that the defendant\ncommitted a felony 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 transferred to the family court in accordance with\nthe provisions of article seven hundred twenty-five of this title,\nprovided, however, notwithstanding any other provision of law, section\n308.1 of the family court act shall apply to actions transferred\npursuant to this subdivision and such actions shall not be considered\nremovals subject to subdivision thirteen of such section 308.1; 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, where the defendant is charged with a felony, other than a\nclass A felony defined outside article two hundred twenty of the penal\nlaw, a violent felony defined in section 70.02 of the penal law or a\nfelony listed in paragraph one or two of subdivision forty-two of\nsection 1.20 of this chapter, except as provided in paragraph (c) of\nsubdivision two of section 722.23 of this article, the court shall, upon\nnotice from the district attorney that he or she will not file a motion\nto prevent removal pursuant to section 722.23 of this article, order\ntransfer of an action against an adolescent offender to the family court\npursuant to the provisions of article seven hundred twenty-five of this\ntitle, provided, however, notwithstanding any other provision of law,\nsection 308.1 of the family court act shall apply to actions transferred\npursuant to this subdivision and such actions shall not be considered\nremovals subject to subdivision thirteen of such section 308.1.\n  5. Notwithstanding subdivisions two and three of this section, at the\nrequest of the district attorney, the court shall order removal of an\naction against an adolescent offender charged with an offense listed in\nparagraph (a) of subdivision two of section 722.23 of this article, to\nthe family court pursuant to the provisions of article seven hundred\ntwenty-five of this title and upon consideration of the criteria\nspecified in subdivision two of section 722.22 of this article, it is\ndetermined that to do so would be in the interests of justice. Where,\nhowever, the felony complaint charges the adolescent offender with\nmurder in the second degree as defined in section 125.25 of the penal\nlaw, rape in the first degree as defined in paragraph (a) of subdivision\none, paragraph (a) of subdivision two and paragraph (a) of subdivision\nthree of section 130.35 of the penal law, rape in the first degree as\nformerly defined in subdivision one of section 130.35 of the penal law,\na crime formerly defined in subdivision one of section 130.50 of the\npenal law, or an armed felony as defined in paragraph (a) of subdivision\nforty-one of section 1.20 of this chapter, a determination that such\naction be removed to the family court shall, in addition, be based upon\na finding of one or more of the following factors: (i) mitigating\ncircumstances that bear directly upon the manner in which the crime was\ncommitted; or (ii) where the defendant was not the sole participant in\nthe crime, the defendant's participation was relatively minor although\nnot so minor as to constitute a defense to the prosecution; or (iii)\npossible deficiencies in proof of the crime.\n  6. (a) If the court orders removal of the action to family court\npursuant to subdivision five of this section, it shall state on the\nrecord the factor or factors upon which its determination is based, and\nthe court shall give its reasons for removal in detail and not in\nconclusory 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\nfive the court may make such inquiry as it deems necessary. Any evidence\nwhich is not legally privileged may be introduced. If the defendant\ntestifies, his testimony may not be introduced against him in any future\nproceeding, except to impeach his testimony at such future proceeding as\ninconsistent prior testimony.\n  (d) Except as provided by paragraph (e), this section shall not be\nconstrued to limit the powers of the grand jury.\n  (e) Where an action against a defendant has been removed to the family\ncourt pursuant to this section, there shall be no further proceedings\nagainst the adolescent 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