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 › 722.21 - Proceedings Upon Felony Complaint; Adolescent Offender.

§ 722.21 Proceedings upon felony complaint; adolescent offender.
1.  When  an adolescent 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 adolescent offender 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, family
court or the local probation department.
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 felony, 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 felony 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 transferred to the family court in accordance with
the provisions of article  seven  hundred  twenty-five  of  this  title,
provided,  however,  notwithstanding any other provision of law, section
308.1 of the  family  court  act  shall  apply  to  actions  transferred
pursuant  to  this  subdivision and such actions shall not be considered
removals subject to subdivision thirteen of such section 308.1; 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, where the defendant is charged with a felony, other than a
class A felony defined outside article two hundred twenty of  the  penal
law,  a  violent  felony  defined in section 70.02 of the penal law or a
felony listed in paragraph  one  or  two  of  subdivision  forty-two  of
section  1.20  of  this  chapter, except as provided in paragraph (c) of
subdivision two of section 722.23 of this article, the court shall, upon
notice from the district attorney that he or she will not file a  motion
to  prevent  removal  pursuant  to section 722.23 of this article, order
transfer of an action against an adolescent offender to the family court
pursuant to the provisions of article seven hundred twenty-five of  this
title,  provided,  however,  notwithstanding any other provision of law,
section 308.1 of the family court act shall apply to actions transferred
pursuant to this subdivision and such actions shall  not  be  considered
removals subject to subdivision thirteen of such section 308.1.
* 5.  Notwithstanding  subdivisions  two and three of this section, at
the request of the district attorney, the court shall order  removal  of
an  action against an adolescent offender charged with an offense listed
in paragraph (a) of subdivision two of section 722.23 of  this  article,
to  the family court pursuant to the provisions of article seven hundred
twenty-five of  this  title  and  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  adolescent 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
* 5. Notwithstanding subdivisions two and three of  this  section,  at
the  request  of the district attorney, the court shall order removal of
an action against an adolescent offender charged with an offense  listed
in  paragraph  (a) of subdivision two of section 722.23 of this article,
to the family court pursuant to the provisions of article seven  hundred
twenty-five  of  this  title  and  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  adolescent  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
6.  (a)  If  the  court  orders  removal of the action to family court
pursuant to subdivision five of this section,  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
five 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) Except as provided by paragraph (e), this  section  shall  not  be
construed to limit the powers of the grand jury.
(e) Where an action against a defendant has been removed to the family
court  pursuant  to  this section, there shall be no further proceedings
against the adolescent 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.