NY Crim Pro L § 180.20 (2021)
2021 New York Laws CPL - Criminal Procedure Part 2 - The Principal Proceedings Title H - Preliminary Proceedings in Local Criminal Court Article 180 - Proceedings Upon Felony Complaint From Arraignment Thereon Through Disposition Thereof 180.20 - Proceedings Upon Felony Complaint; Removal of Action From One Local Criminal Court to Another.

§  180.20  Proceedings upon felony complaint; removal of action from one              local criminal court to another.   Under circumstances prescribed in  this  section,  a  criminal  action based  upon  a  pending  felony  complaint may be removed from one local criminal court to another:   1.   When a defendant arrested  by  a  police  officer  for  a  felony allegedly committed in a town has not been brought before the town court of  the  town,  or  as  the  case may be before the village court of the village, in which the  felony  charged  was  allegedly  committed,  but, instead,  to another local criminal court of the county and there stands charged with such offense by felony complaint, such  latter  court  must arraign him upon such felony complaint.  Such court must then either:  (a)    Dispose  of  the felony complaint pursuant to this article.  If such disposition results in a reduction of the  felony  charge  and  the filing   of  an  information  or  prosecutor's  information  charging  a misdemeanor or a petty offense pursuant to section 180.50 or subdivision two or three of section 180.70, such court must conduct  the  action  to judgment or other final disposition; or  (b)    Remit  the  action upon the felony complaint, together with all pertinent papers and documents, to the town court of the town, or as the case may be to the village court of the village,  in  which  the  felony charged  was  allegedly committed.   In such case, the latter court must dispose of the felony complaint pursuant to this article.   1-a. When a defendant arrested  by  a  police  officer  for  a  felony allegedly committed in a city has not been brought before the city court of  such  city but, instead, to the local criminal court of an adjoining town or village of the same county and there stands  charged  with  such offense  by  felony  complaint,  such latter court must arraign him upon such felony complaint. Such court must then either:  (a) Dispose of the felony complaint pursuant to this article. If  such disposition  results  in a reduction of the felony charge and the filing of an information or prosecutor's information charging a misdemeanor  or a  petty  offense pursuant to section 180.50 or subdivision two or three of section 180.70 of this article, such court must conduct the action to judgment or other final disposition; or  (b) Remit the action upon the  felony  complaint,  together  with  all pertinent  papers  and documents, to the city court of the city in which the felony charged was allegedly committed. In  such  case,  the  latter court must dispose of the felony complaint pursuant to this article.   2.    When  a  defendant arrested by a police officer for a felony has been brought before a superior court judge sitting as a  local  criminal court for arraignment upon a felony complaint charging such felony, such judge  must,  as a local criminal court, arraign the defendant upon such felony complaint.  Such court must then either:  (a)  Dispose of the felony complaint pursuant to  this  article.    If however,  such  disposition results in a reduction of the charge and the filing  of  an  information  or  prosecutor's  information  charging   a misdemeanor  or  a  petty  offense,  such  judge,  after  arraigning the defendant upon  such  accusatory  instrument,  must  remit  the  action, together  with  all  pertinent papers and documents, to a local criminal court having trial jurisdiction of the offense charged, and  the  latter court   must  then  conduct  the  action  to  judgment  or  other  final disposition; or  (b)  Remit the action upon the felony  complaint,  together  with  all pertinent  papers  and  documents,  to  a  local  criminal  court having geographical jurisdiction over the area in which the felony charged  was allegedly  committed.    In such case, such latter court must dispose of the felony complaint pursuant to this article.    3. Notwithstanding any provision of this section to the  contrary,  in any  county  outside  a city having a population of one million or more, upon or after arraignment of a defendant on a felony  complaint  pending in  a local criminal court having preliminary jurisdiction thereof, such court  may,  upon  motion  of  the defendant and with the consent of the district attorney, order that the action be removed from  the  court  in which  the matter is pending to another local criminal court in the same county which has been designated a drug court by the chief administrator of the courts, and such drug court  may  then  dispose  of  such  felony complaint  pursuant to this article; provided, however, that an order of removal issued under this subdivision shall not take effect  until  five days  after the date the order is issued unless, prior to such effective date, the drug court notifies the court that issued the order that:  (a) it will not accept the action, in which event the order shall  not take effect, or  (b)  it will accept the action on a date prior to such effective date, in which event the order shall take effect upon such prior date.   Upon providing notification pursuant to paragraph (a) or (b)  of  this subdivision, the drug court shall promptly give notice to the defendant, his or her counsel and the district attorney.   4.  (a) Notwithstanding any provision of this section to the contrary, in any county outside a city having a population of one million or more, upon or after arraignment of a defendant on a felony  complaint  pending in  a local criminal court having preliminary jurisdiction thereof, such court may, upon motion of the defendant and after  giving  the  district attorney  an  opportunity  to be heard, order that the action be removed from the court in which the matter is pending to another local  criminal court  in  the same county, or with consent of the district attorney and the district attorney of the adjoining county to another court  in  such adjoining  county, that has been designated as a human trafficking court or veterans treatment court by the chief administrator  of  the  courts, and  such  human  trafficking court or veterans treatment court may then conduct such action to judgment or other  final  disposition;  provided, however, that no court may order removal pursuant to this subdivision to a  veterans  treatment  court  of  a  family offense charge described in subdivision one of section 530.11 of this chapter where the accused  and the  person alleged to be the victim of such offense charged are members of the same family or household as defined in such  subdivision  one  of section  530.11;  and  provided further an order of removal issued under this subdivision shall not take effect until five days  after  the  date the  order  is  issued  unless,  prior to such effective date, the human trafficking court or veterans treatment court notifies  the  court  that issued the order that:   i.  it  will not accept the action, in which event the order shall not take effect; or   ii. it will accept the action on a date prior to such effective  date, in which event the order shall take effect upon such prior date.  (b)  Upon  providing  notification pursuant to subparagraph i or ii of paragraph (a) of  this  subdivision,  the  human  trafficking  court  or veterans  treatment  court  shall promptly give notice to the defendant, his or her counsel and the district attorney.