N.Y. Criminal Procedure Law § 170.15: Removal of action from one local criminal court to another

§ 170.15 Removal of action from one local criminal court to another.

Under circumstances prescribed in this section, a criminal action

based upon an information, a simplified information, a prosecutor's

information or a misdemeanor complaint may be removed from one local

criminal court to another:

1. When a defendant arrested by a police officer for an offense other

than a felony, allegedly committed in a city or town, has, owing to

special circumstances and pursuant to law, not been brought before the

particular local criminal court which by reason of the situs of such

offense has trial jurisdiction thereof, but, instead, before a local

criminal court which does not have trial jurisdiction thereof, and

therein stands charged with such offense by information, simplified

information or misdemeanor complaint, such local criminal court must

arraign him upon such accusatory instrument. If the defendant desires

to enter a plea of guilty thereto immediately following such

arraignment, such local criminal court must permit him to do so and must

thereafter conduct the action to judgment. Otherwise, it must remit the

action, together with all pertinent papers and documents, to the local

criminal court which has trial jurisdiction of the action, and the

latter court must then conduct such action to judgment or other final

disposition.

2. When a defendant arrested by a police officer for an offense other

than a felony has been brought before a superior court judge sitting as

a local criminal court for arraignment upon an information, simplified

information or misdemeanor complaint charging such offense, such judge

must, as a local criminal court, arraign the defendant upon such

accusatory instrument. Such judge must then remit the action, together

with all pertinent papers and documents, to a local criminal court

having trial jurisdiction thereof. The latter court must then conduct

such action to judgment or other final disposition.

3. At any time within the period provided by section 255.20, where a

defendant is arraigned upon an information, a simplified information, a

prosecutor's information or a misdemeanor complaint pending in a city

court, town court or a village court having trial jurisdiction thereof,

a judge of the county court of the county in which such city court, town

court or village court is located may, upon motion of the defendant or

the people, order that the action be transferred for disposition from

the court in which the matter is pending to another designated local

criminal court of the county, upon the ground that disposition thereof

within a reasonable time in the court from which removal is sought is

unlikely owing to:

(a) Death, disability or other incapacity or disqualification of all

of the judges of such court; or

(b) Inability of such court to form a jury in a case, in which the

defendant is entitled to and has requested a jury trial.

4. 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 an information, a simplified

information, a prosecutor's information or a misdemeanor complaint

pending in a local criminal court, 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

which has been designated a court formed to address a matter of special

concern based upon the status of the defendant or the victim, commonly

known as a "problem solving court," including, but not limited to, drug

court, domestic violence court, youth court, mental health court, and

veterans court, by the chief administrator of the courts, and such

problem solving court may then conduct such action to judgment or other

final disposition; 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

problem solving 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 problem solving court shall promptly give notice to the

defendant, his or her counsel and the district attorney.

5. (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 an information, a simplified

information, a prosecutor's information or a misdemeanor complaint

pending in a local criminal court, 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 deposition; 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 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 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.