2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title H - Preliminary Proceedings in Local Criminal Court › Article 180 - Proceedings Upon Felony Complaint From Arraignment Thereon Through Disposition Thereof › 180.20 - Proceedings Upon Felony Complaint; Removal of Action From One Local Criminal Court to Another.

§  180.20  Proceedings upon felony complaint; removal of action from one
local criminal court to another.
Under circumstances prescribed in  this  section,  a  criminal  action
based  upon  a  pending  felony  complaint may be removed from one local
criminal court to another:
1.   When a defendant arrested  by  a  police  officer  for  a  felony
allegedly committed in a town has not been brought before the town court
of  the  town,  or  as  the  case may be before the village court of the
village, in which the  felony  charged  was  allegedly  committed,  but,
instead,  to another local criminal court of the county and there stands
charged with such offense by felony complaint, such  latter  court  must
arraign him upon such felony complaint.  Such court must then either:
(a)    Dispose  of  the felony complaint pursuant to this article.  If
such disposition results in a reduction of the  felony  charge  and  the
filing   of  an  information  or  prosecutor's  information  charging  a
misdemeanor or a petty offense pursuant to section 180.50 or subdivision
two or three of section 180.70, such court must conduct  the  action  to
judgment or other final disposition; or
(b)    Remit  the  action upon the felony complaint, together with all
pertinent papers and documents, to the town court of the town, or as the
case may be to the village court of the village,  in  which  the  felony
charged  was  allegedly committed.   In such case, the latter court must
dispose of the felony complaint pursuant to this article.
1-a. When a defendant arrested  by  a  police  officer  for  a  felony
allegedly committed in a city has not been brought before the city court
of  such  city but, instead, to the local criminal court of an adjoining
town or village of the same county and there stands  charged  with  such
offense  by  felony  complaint,  such latter court must arraign him upon
such felony complaint. Such court must then either:
(a) Dispose of the felony complaint pursuant to this article. If  such
disposition  results  in a reduction of the felony charge and the filing
of an information or prosecutor's information charging a misdemeanor  or
a  petty  offense pursuant to section 180.50 or subdivision two or three
of section 180.70 of this article, such court must conduct the action to
judgment or other final disposition; or
(b) Remit the action upon the  felony  complaint,  together  with  all
pertinent  papers  and documents, to the city court of the city in which
the felony charged was allegedly committed. In  such  case,  the  latter
court must dispose of the felony complaint pursuant to this article.
2.    When  a  defendant arrested by a police officer for a felony has
been brought before a superior court judge sitting as a  local  criminal
court for arraignment upon a felony complaint charging such felony, such
judge  must,  as a local criminal court, arraign the defendant upon such
felony complaint.  Such court must then either:
(a)  Dispose of the felony complaint pursuant to  this  article.    If
however,  such  disposition results in a reduction of the charge and the
filing  of  an  information  or  prosecutor's  information  charging   a
misdemeanor  or  a  petty  offense,  such  judge,  after  arraigning the
defendant upon  such  accusatory  instrument,  must  remit  the  action,
together  with  all  pertinent papers and documents, to a local criminal
court having trial jurisdiction of the offense charged, and  the  latter
court   must  then  conduct  the  action  to  judgment  or  other  final
disposition; or
(b)  Remit the action upon the felony  complaint,  together  with  all
pertinent  papers  and  documents,  to  a  local  criminal  court having
geographical jurisdiction over the area in which the felony charged  was
allegedly  committed.    In such case, such latter court must dispose of
the felony complaint pursuant to this article.
3. 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 a felony  complaint  pending
in  a local criminal court having preliminary jurisdiction thereof, such
court  may,  upon  motion  of  the defendant and with the consent of the
district attorney, 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 drug court by the chief administrator
of the courts, and such drug court  may  then  dispose  of  such  felony
complaint  pursuant to this article; 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 drug 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 drug court shall promptly give notice to the defendant,
his or her counsel and the district attorney.
4.  (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 a felony  complaint  pending
in  a local criminal court having preliminary jurisdiction thereof, 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  disposition;  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 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.