2023 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.
* NB Effective until September 1, 2024
* 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 paragraph (a) of subdivision one, paragraph (a) of
subdivision two and paragraph (a) of subdivision three of section 130.35
of the penal law, rape in  the  first  degree  as  formerly  defined  in
subdivision  one  of  section  130.35 of the penal law; a crime formerly
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.
* NB Effective September 1, 2024
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.