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 › 170.25 - Divestiture of Jurisdiction by Indictment; Removal of Case to Superior Court at Defendant's Instance.

§  170.25  Divestiture of jurisdiction by indictment; removal of case to
superior court at defendant's instance.
1.  At any time before entry of a plea of guilty to or commencement of
a trial of a local criminal court  accusatory  instrument  containing  a
charge of misdemeanor, a superior court having jurisdiction to prosecute
such  misdemeanor charge by indictment may, upon motion of the defendant
made upon notice to the district attorney, showing good cause to believe
that the interests of justice so require,  order  that  such  charge  be
prosecuted  by  indictment  and that the district attorney present it to
the grand jury for such purpose.
2.   Such order stays the proceedings  in  the  local  criminal  court
pending submission of the charge to the grand jury.  Upon the subsequent
filing  of  an  indictment in the superior court, the proceedings in the
local criminal court terminate and the defendant  must  be  required  to
appear  for  arraignment upon the indictment in the manner prescribed in
subdivisions one and two of section 210.10.  Upon the subsequent  filing
of  a  grand  jury dismissal of the charge, the proceedings in the local
criminal court terminate and the superior court must, if  the  defendant
is not at liberty on his own recognizance, discharge him from custody or
exonerate his bail, as the case may be.
3.  At any time before entry of a plea of guilty to or commencement of
a  trial  of  or  within  thirty  days  of  arraignment on an accusatory
instrument specified in subdivision one,  whichever  occurs  first,  the
defendant  may  apply  to the local criminal court for an adjournment of
the proceedings therein upon the ground that he intends to make a motion
in a superior court, pursuant to subdivision one, for an order that  the
misdemeanor charge be prosecuted by indictment.  In such case, the local
criminal  court must adjourn the proceedings to a date which affords the
defendant  reasonable  opportunity  to  pursue  such  action,  and   may
subsequently  grant  such  further  adjournments for that purpose as are
reasonable under the circumstances.   Following  the  granting  of  such
adjournment or adjournments, the proceedings must be as follows:
(a)    If  a  motion  in a superior court is not made by the defendant
within the designated period, the  proceedings  in  the  local  criminal
court must continue.
(b)    If a motion in a superior court is made by the defendant within
the designated period, such motion stays the proceedings  in  the  local
criminal court until the entry of an order determining such motion.
(c)    If the superior court enters an order granting the motion, such
order stays the proceedings in the local criminal court as  provided  in
subdivision  two;  and upon a subsequent indictment or dismissal of such
charge by the grand jury, the proceedings in the  local  criminal  court
terminate as provided in subdivision two.
(d)    If  the  superior court enters an order denying the motion, the
proceedings in the local criminal court must continue.
4.  Upon application of a defendant who  on  the  basis  of  an  order
issued by a superior court pursuant to subdivision one is awaiting grand
jury  action,  and who, at the time of such order or subsequent thereto,
has been committed to the custody of  the  sheriff  pending  grand  jury
action,  and  who has been confined in such custody for a period of more
than forty-five days without the occurrence of any grand jury action  or
disposition, the superior court which issued such order must release him
on his own recognizance unless:
(a)    The  lack  of  a  grand  jury disposition during such period of
confinement was due to the defendant's request, action or condition,  or
occurred with his consent; or
(b)  The people have shown good cause why such order of release should
not  be issued.  Such good cause must consist of some compelling fact or

circumstance which precluded grand jury  action  within  the  prescribed
period or rendered the same against the interest of justice.