2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 230 - Removal of Action › 230.20 - Removal of Action; Removal From County Court to Supreme Court and Change of Venue; Upon Motion of Party.

§  230.20  Removal of action; removal from county court to supreme court
and change of venue; upon motion of party.
1. At any time within the  period  provided  by  section  255.20,  the
appellate  division  of the department embracing the county, upon motion
of either the defendant or the people, may, for good cause shown,  order
that  the  indictment and action be removed from the county court to the
supreme court at a term held or to be held in the same county.
2. At any time within the  period  provided  by  section  255.20,  the
appellate  division  of the department embracing the county in which the
superior court is located may, upon motion of either  the  defendant  or
the  people  demonstrating  reasonable  cause to believe that a fair and
impartial trial cannot be had in such county, order either:
(a) that the indictment and action be removed from such superior court
to a designated superior court of or located in another county; or
(b) that the commissioner of jurors of such  county,  in  consultation
with  the  appropriate  administrative judge of the judicial district in
which the county is located, expand the  pool  of  jurors  to  encompass
prospective  jurors  from the jury lists of counties that are within the
judicial district in which, and that are geographically contiguous  with
the county in which, such superior court is located.
In  making  such  determination the appellate division shall consider,
among other factors, the hardship on potential jurors and the  potential
depletion  of  a  county's  qualified juror list that may result from an
order expanding the jury pool. An order of removal under  paragraph  (a)
herein  must,  if  the  defendant  is  in custody at the time, include a
provision for transfer of custody by the sheriff  or  other  appropriate
public  servant  of  the  county  of confinement to the sheriff or other
appropriate public servant of the county to which the  action  has  been
removed. If the order is issued upon motion of the people, the appellate
division   may   impose  such  conditions  as  it  deems  equitable  and
appropriate to insure that the removal does not subject the defendant to
an unreasonable burden in making his defense. Any additional cost to the
people incurred in complying with the order must be borne by the  county
from which the action originated.
3.  Any motion made pursuant to this section must be based upon papers
stating the grounds  therefor,  and  must  be  made  within  the  period
provided  by  section  255.20 and upon five days notice thereof together
with service of the moving papers upon, as the  case  may  be,  (a)  the
district  attorney  or  (b)  either the defendant or his counsel. In any
case, the motion must be made returnable  either  during  the  appellate
division  term  during which such moving papers are served or during the
next term thereof.
4. If the appellate division grants the motion and orders a removal of
the action, a certified copy of such order must be filed with the  clerk
of  the  superior  court  in which the indictment is pending. Such clerk
must thereupon transmit such instrument,  together  with  the  pertinent
papers  and  proceedings  of  the action, including all undertakings for
appearances of the defendant and of the witnesses, or a  certified  copy
or  copies  of  the same, to the term of the superior court to which the
action has been removed. Such latter court must then proceed to  conduct
the action to judgment or other final disposition.