NY Crim Pro L § 722.22 (2021)
2021 New York Laws CPL - Criminal Procedure Part 3 - Special Proceedings and Miscellaneous Procedures Title U - Special Proceedings Which Replace,suspend or Abate Criminal Actions Article 722 - Proceedings Against Juvenile Offenders and Adolescent Offenders; Establishment of Youth Part And Related Procedures 722.22 - Motion to Remove Juvenile Offender to Family Court.

§ 722.22 Motion to remove juvenile offender to family court.   1. After a motion by a juvenile offender, pursuant to subdivision five of  section  722.20  of this article, or after arraignment of a juvenile offender upon an indictment, the court may, on motion of any party or on its own motion:  (a) except as otherwise provided by paragraph (b) of this subdivision, order removal of  the  action  to  the  family  court  pursuant  to  the provisions of article seven hundred twenty-five of this title, if, after consideration  of  the  factors  set  forth  in  subdivision two of this section, the court determines that to do so would be in the interests of justice; or  (b) with the consent of the district attorney,  order  removal  of  an action  involving an indictment charging a juvenile offender with murder in the second degree as defined in section 125.25 of the penal law; rape in the first degree, as defined in subdivision one of section 130.35  of the  penal  law;  criminal sexual act in the first degree, as defined in subdivision one of section 130.50 of the penal law; or an  armed  felony as  defined in paragraph (a) of subdivision forty-one of section 1.20 of this chapter, to the family court pursuant to the provisions of  article seven  hundred  twenty-five of this title if the court finds one or more of  the  following  factors:  (i)  mitigating  circumstances  that  bear directly  upon  the  manner in which the crime was committed; (ii) where the defendant was not the sole participant in the crime, the defendant's participation  was  relatively  minor  although  not  so  minor  as   to constitute  a defense to the prosecution; or (iii) possible deficiencies in the proof of the crime, and, after consideration of the  factors  set forth  in  subdivision  two  of  this section, the court determined that removal of the action to the family court would be in the  interests  of justice.   2.  In  making  its  determination pursuant to subdivision one of this section the court shall, to the extent applicable, examine  individually and collectively, the following:  (a) the seriousness and circumstances of the offense;  (b) the extent of harm caused by the offense;  (c)  the  evidence  of  guilt,  whether  admissible or inadmissible at trial;  (d) the history, character and condition of the defendant;  (e) the purpose and effect of imposing upon the defendant  a  sentence authorized for the offense;  (f)  the  impact  of  a removal of the case to the family court on the safety or welfare of the community;  (g) the impact of a removal of the case to the family court  upon  the confidence of the public in the criminal justice system;  (h)  where  the  court  deems  it  appropriate,  the  attitude  of the complainant or victim with respect to the motion; and  (i) any other relevant fact indicating that a judgment  of  conviction in the criminal court would serve no useful purpose.   3.  The procedure for bringing on a motion pursuant to subdivision one of  this  section,  shall  accord  with  the  procedure  prescribed   in subdivisions  one  and  two of section 210.45 of this chapter. After all papers of both  parties  have  been  filed  and  after  all  documentary evidence,  if  any, has been submitted, the court must consider the same for the purpose of determining whether the motion is determinable on the motion papers submitted and, if not, may make such inquiry as  it  deems necessary for the purpose of making a determination.   4. For the purpose of making a determination pursuant to this section, any  evidence  which is not legally privileged may be introduced. If the defendant testifies, his testimony may not be introduced against him  in  any  future  proceeding,  except to impeach his testimony at such future proceeding as inconsistent prior testimony.   5.  a.  If  the court orders removal of the action to family court, it shall state  on  the  record  the  factor  or  factors  upon  which  its determination  is  based,  and,  the  court  shall  give its reasons for removal in detail and not in conclusory terms.   b. The district attorney shall state upon the record the  reasons  for his  consent  to  removal of the action to the family court. The reasons shall be stated in detail and not in conclusory terms.