2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title H - Preliminary Proceedings in Local Criminal Court › Article 170 - Proceedings Upon Information, Simplified Traffic Information, Prosecutor's Information and Misdemeanor Complaint From Arraignment to Plea › 170.15 - Removal of Action From One Local Criminal Court to Another.

§ 170.15  Removal of action from one local criminal court to another.
Under  circumstances  prescribed  in  this  section, a criminal action
based upon an information,  a  simplified  information,  a  prosecutor's
information  or  a  misdemeanor  complaint may be removed from one local
criminal court to another:
1.  When a defendant arrested by a police officer for an offense other
than a felony, allegedly committed in a city  or  town,  has,  owing  to
special  circumstances  and pursuant to law, not been brought before the
particular local criminal court which by reason of  the  situs  of  such
offense  has  trial  jurisdiction  thereof, but, instead, before a local
criminal court which does  not  have  trial  jurisdiction  thereof,  and
therein  stands  charged  with  such  offense by information, simplified
information or misdemeanor complaint, such  local  criminal  court  must
arraign  him  upon such accusatory instrument.  If the defendant desires
to  enter  a  plea  of  guilty  thereto   immediately   following   such
arraignment, such local criminal court must permit him to do so and must
thereafter conduct the action to judgment.  Otherwise, it must remit the
action,  together  with all pertinent papers and documents, to the local
criminal court which has trial  jurisdiction  of  the  action,  and  the
latter  court  must  then conduct such action to judgment or other final
disposition.
2.  When a defendant arrested by a police officer for an offense other
than a felony has been brought before a superior court judge sitting  as
a  local  criminal court for arraignment upon an information, simplified
information or misdemeanor complaint charging such offense,  such  judge
must,  as  a  local  criminal  court,  arraign  the  defendant upon such
accusatory instrument.  Such judge must then remit the action,  together
with  all  pertinent  papers  and  documents,  to a local criminal court
having trial jurisdiction thereof.  The latter court must  then  conduct
such action to judgment or other final disposition.
3.   At any time within the period provided by section 255.20, where a
defendant is arraigned upon an information, a simplified information,  a
prosecutor's  information  or  a misdemeanor complaint pending in a city
court, town court or a village court having trial jurisdiction  thereof,
a judge of the county court of the county in which such city court, town
court  or  village court is located may, upon motion of the defendant or
the people, order that the action be transferred  for  disposition  from
the  court  in  which  the matter is pending to another designated local
criminal court of the county, upon the ground that  disposition  thereof
within  a  reasonable  time in the court from which removal is sought is
unlikely owing to:
(a)  Death, disability or other incapacity or disqualification of  all
of the judges of such court; or
(b)    Inability  of such court to form a jury in a case, in which the
defendant is entitled to and has requested a jury trial.
4. 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 an information, a simplified
information, a  prosecutor's  information  or  a  misdemeanor  complaint
pending  in  a  local criminal court, 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
which  has been designated a court formed to address a matter of special
concern based upon the status of the defendant or the  victim,  commonly
known  as a "problem solving court," including, but not limited to, drug
court, domestic violence court, youth court, mental  health  court,  and
veterans  court,  by  the  chief  administrator  of the courts, and such

problem solving court may then conduct such action to judgment or  other
final  disposition;  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
problem solving 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 problem solving court shall promptly give notice to the
defendant, his or her counsel and the district attorney.
5.  (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 an information, a simplified
information, a  prosecutor's  information  or  a  misdemeanor  complaint
pending  in  a  local criminal court, 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 deposition; 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 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 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.