New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 149 - Superior Court Adolescent Diversion Parts › Section 149.4 - Transfer of actions or proceedings to Superior Court adolescent diversion part

Current through Register Vol. 46, No. 28, July
					 10, 2024
Transfer of actions or proceedings pending in local
						criminal courts.
(1) Following
					 arraignment in an adolescent diversion part-eligible case, a local criminal
					 court in a county in which an adolescent diversion part has been established
					 shall, upon motion of the court or of the defendant or the district attorney,
					 and upon consent of all parties, cause originals or copies of papers and other
					 documents filed in such case in the local criminal court to be sent to the
					 adolescent diversion part.
(2) Not
					 later than five days following receipt of the papers and other documents, the
					 justice or judge presiding in the adolescent diversion part shall determine
					 whether or not a transfer of the action or proceeding to the Supreme or County
					 Court where the adolescent diversion part is established would promote the
					 administration of justice. If the justice or judge presiding in such part
					 determines that it would, he or she may order such transfer, in which event the
					 action or proceeding shall be transferred to the Supreme or County Court and
					 referred for disposition to the adolescent diversion part; all original papers,
					 if not already sent, shall be sent from the originating court to the adolescent
					 diversion part, where all further proceedings shall be conducted. If the
					 justice or judge determines that such a transfer would not promote the
					 administration of justice, he or she shall notify the local criminal court from
					 which the reference was received of such determination and cause all original
					 papers and other documents in the action or proceeding to be returned promptly
					 to the court from which they were received, whereupon all further proceedings
					 in such action or proceeding shall be conducted in accordance with
					 law.
(3) Notwithstanding the
					 provisions of paragraphs (1) and (2) of this subdivision, where the defendant
					 in a action or proceeding is held by the local criminal court for the action of
					 a grand jury empaneled by a Supreme Court or a County Court, a copy of the
					 papers and other documents filed with such local criminal court shall be
					 delivered to the adolescent diversion part; and the justice or judge presiding
					 in the adolescent diversion part may at any time order a transfer of the action
					 or proceeding to the Supreme Court or County Court where the adolescent
					 diversion part is established provided he or she determines that such a
					 transfer would promote the administration of justice. The original papers and
					 other documents filed with the local criminal court shall be delivered to the
					 Supreme Court or County Court as required by section
					 180.30
					 (1) of the Criminal Procedure Law.
(b) Where an adolescent diversion
					 part-eligible action or proceeding is pending in the Supreme Court or County
					 Court where the adolescent diversion part is established, it may be referred
					 for disposition to the adolescent diversion part of such court and all further
					 proceedings shall be conducted therein.