NY Crim Pro L § 722.21 (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 722.21 - Proceedings Upon Felony Complaint; Adolescent Offender.

§ 722.21 Proceedings upon felony complaint; adolescent offender.   1.  When  an adolescent offender is arraigned before a youth part, the provisions of this section shall apply. If the  youth  part  is  not  in session,  the  defendant  shall  be  brought  before the most accessible magistrate designated by the appellate division of the supreme court  to act  as  a  youth part for the purpose of making a determination whether such adolescent offender shall be detained or, with the consent  of  the district attorney, immediately removed to family court. If the defendant is  ordered  to  be detained, he or she shall be brought before the next session of the youth part. If the defendant is not detained, he  or  she shall be ordered to appear at the next session of the youth part, family court or the local probation department.   2.  If  the  defendant waives a hearing upon the felony complaint, the court must order that the defendant be held for the action of the  grand jury  with  respect  to  the  charge  or charges contained in the felony complaint.   3. If there be a hearing, then at the conclusion of the  hearing,  the youth part court must dispose of the felony complaint as follows:  (a)  If  there  is  reasonable  cause  to  believe  that the defendant committed a felony, the court must order that the defendant be held  for the action of a grand jury; or  (b)  If  there  is  not reasonable cause to believe that the defendant committed a felony but there is reasonable cause  to  believe  that  the defendant  is  a  "juvenile delinquent" as defined in subdivision one of section 301.2 of the family court act, the court must specify the act or acts it found reasonable cause to believe the defendant did  and  direct that  the  action  be transferred to the family court in accordance with the provisions of article  seven  hundred  twenty-five  of  this  title, provided,  however,  notwithstanding any other provision of law, section 308.1 of the  family  court  act  shall  apply  to  actions  transferred pursuant  to  this  subdivision and such actions shall not be considered removals subject to subdivision thirteen of such section 308.1; or  (c) If there is not reasonable cause to  believe  that  the  defendant committed  any criminal act, the court must dismiss the felony complaint and discharge the defendant from custody if he is in custody, or  if  he is at liberty on bail, it must exonerate the bail.   4.  Notwithstanding  the  provisions  of subdivisions two and three of this section, where the defendant is charged with a felony, other than a class A felony defined outside article two hundred twenty of  the  penal law,  a  violent  felony  defined in section 70.02 of the penal law or a felony listed in paragraph  one  or  two  of  subdivision  forty-two  of section  1.20  of  this  chapter, except as provided in paragraph (c) of subdivision two of section 722.23 of this article, the court shall, upon notice from the district attorney that he or she will not file a  motion to  prevent  removal  pursuant  to section 722.23 of this article, order transfer of an action against an adolescent offender to the family court pursuant to the provisions of article seven hundred twenty-five of  this title,  provided,  however,  notwithstanding any other provision of law, section 308.1 of the family court act shall apply to actions transferred pursuant to this subdivision and such actions shall  not  be  considered removals subject to subdivision thirteen of such section 308.1.   5.  Notwithstanding subdivisions two and three of this section, at the request of the district attorney, the court shall order  removal  of  an action  against an adolescent offender charged with an offense listed in paragraph (a) of subdivision two of section 722.23 of this  article,  to the  family  court  pursuant  to the provisions of article seven hundred twenty-five of  this  title  and  upon  consideration  of  the  criteria specified  in  subdivision  two of section 722.22 of this article, it is  determined that to do so would be in the interests  of  justice.  Where, however,  the  felony  complaint  charges  the  adolescent 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,  a  determination  that such action be removed to the family court shall, in addition, be based upon a  finding of  one  or  more of the following factors: (i) mitigating circumstances that bear directly upon the manner in which the crime was committed;  or (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 proof of the crime.   6. (a) If the court orders removal  of  the  action  to  family  court pursuant  to  subdivision  five  of  this section, 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 where such consent is required. The reasons shall be stated in detail  and  not  in conclusory terms.  (c)  For the purpose of making a determination pursuant to subdivision five the court may make such inquiry as it deems necessary. 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.  (d)  Except  as  provided  by paragraph (e), this section shall not be construed to limit the powers of the grand jury.  (e) Where an action against a defendant has been removed to the family court pursuant to this section, there shall be  no  further  proceedings against  the adolescent offender in any local or superior criminal court including the youth part of  the  superior  court  for  the  offense  or offenses which were the subject of the removal order.