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 › 722.22 - Motion to Remove Juvenile Offender to Family Court.

§ 722.22 Motion to remove juvenile offender to family court.
1. After a motion by a juvenile offender, pursuant to subdivision five
of  section  722.20  of this article, or after arraignment of a juvenile
offender upon an indictment, the court may, on motion of any party or on
its own motion:
(a) except as otherwise provided by paragraph (b) of this subdivision,
order removal of  the  action  to  the  family  court  pursuant  to  the
provisions of article seven hundred twenty-five of this title, if, after
consideration  of  the  factors  set  forth  in  subdivision two of this
section, the court determines that to do so would be in the interests of
justice; or
* (b) with the consent of the district attorney, order removal  of  an
action  involving an indictment charging a 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, to the family court pursuant to the provisions of  article
seven  hundred  twenty-five of this title if the court finds one or more
of  the  following  factors:  (i)  mitigating  circumstances  that  bear
directly  upon  the  manner in which the crime was committed; (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 the proof of the crime, and, after consideration of the  factors  set
forth  in  subdivision  two  of  this section, the court determined that
removal of the action to the family court would be in the  interests  of
justice.
* NB Effective until September 1, 2024
* (b)  with  the consent of the district attorney, order removal of an
action involving an indictment charging a 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, to the family  court  pursuant  to  the
provisions  of  article  seven  hundred twenty-five of this title if the
court finds one  or  more  of  the  following  factors:  (i)  mitigating
circumstances  that bear directly upon the manner in which the crime was
committed; (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   the   proof  of  the  crime,  and,  after
consideration of the factors  set  forth  in  subdivision  two  of  this
section,  the  court determined that removal of the action to the family
court would be in the interests of justice.
* NB Effective September 1, 2024
2. In making its determination pursuant to  subdivision  one  of  this
section  the court shall, to the extent applicable, examine individually
and collectively, the following:
(a) the seriousness and circumstances of the offense;
(b) the extent of harm caused by the offense;
(c) the evidence of  guilt,  whether  admissible  or  inadmissible  at
trial;
(d) the history, character and condition of the defendant;
(e)  the  purpose and effect of imposing upon the defendant a sentence
authorized for the offense;
(f) the impact of a removal of the case to the  family  court  on  the
safety or welfare of the community;
(g)  the  impact of a removal of the case to the family court upon the
confidence of the public in the criminal justice system;
(h) where  the  court  deems  it  appropriate,  the  attitude  of  the
complainant or victim with respect to the motion; and
(i)  any  other relevant fact indicating that a judgment of conviction
in the criminal court would serve no useful purpose.
3. The procedure for bringing on a motion pursuant to subdivision  one
of   this  section,  shall  accord  with  the  procedure  prescribed  in
subdivisions one and two of section 210.45 of this  chapter.  After  all
papers  of  both  parties  have  been  filed  and  after all documentary
evidence, if any, has been submitted, the court must consider  the  same
for the purpose of determining whether the motion is determinable on the
motion  papers  submitted and, if not, may make such inquiry as it deems
necessary for the purpose of making a determination.
4. For the purpose of making a determination pursuant to this section,
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.
5.  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. The reasons
shall be stated in detail and not in conclusory terms.