NY Crim Pro L § 722.20 (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 722.20 - Proceedings Upon Felony Complaint; Juvenile Offender.

§ 722.20 Proceedings upon felony complaint; juvenile offender.   1.  When  a  juvenile  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 juvenile 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 or  the family court.   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 crime for which  a  person  under  the  age  of  sixteen  is criminally  responsible, 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  crime  for  which  a  person  under  the age of sixteen is criminally responsible 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 removed to the family court in  accordance  with  the provisions of article seven hundred twenty-five of this title; 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, the court shall, at the request of the district attorney, order removal of an action against a juvenile  offender  to  the  family court pursuant to the provisions of article seven hundred twenty-five of this   title  if,  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 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, 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.   5. Notwithstanding the provisions of subdivision two, three,  or  four of  this section, if a currently undetermined felony complaint against a juvenile offender is pending, and the defendant has not waived a hearing pursuant to subdivision two of this section and a  hearing  pursuant  to  subdivision  three  of this section has not commenced, the defendant may move to remove the action to family court pursuant  to  722.22  of  this article.  The  procedural  rules  of subdivisions one and two of section 210.45  of  this  chapter  are  applicable  to a motion pursuant to this subdivision. Upon such motion, the court shall proceed and determine the motion as provided in section 722.22 of this article; provided, however, that the exception provisions of paragraph (b)  of  subdivision  one  of section  722.22  of  this  article  shall  not  apply  when there is not reasonable cause to believe that the juvenile offender committed one  or more  of the crimes enumerated therein, and in such event the provisions of paragraph (a) thereof shall apply.   6. (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 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 four or five of this section, 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)  Where  a  motion  for  removal  by  the  defendant  pursuant   to subdivision  five  of  this  section  has been denied, no further motion pursuant to this section or section 722.22 of this article may  be  made by the juvenile offender with respect to the same offense or offenses.  (e)  Except  as  provided  by  paragraph (f) of this subdivision, this section shall not be construed to limit the powers of the grand jury.  (f) Where a motion by the defendant pursuant to  subdivision  five  of this  section  has  been  granted, there shall be no further proceedings against the juvenile 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.