N.Y. Criminal Procedure Law § 170.20: Divestiture of jurisdiction by indictment; removal of case to superior court at district attorney's instance

§ 170.20 Divestiture of jurisdiction by indictment; removal of case to

superior court at district attorney's instance.

1. If at any time before entry of a plea of guilty to or commencement

of a trial of a local criminal court accusatory instrument containing a

charge of misdemeanor, an indictment charging the defendant with such

misdemeanor is filed in a superior court, the local criminal court is

thereby divested of jurisdiction of such misdemeanor charge and all

proceedings therein with respect thereto are terminated.

2. At any time before entry of a plea of guilty to or commencement of

a trial of an accusatory instrument specified in subdivision one, the

district attorney may apply for an adjournment of the proceedings in the

local criminal court upon the ground that he intends to present the

misdemeanor charge in question to a grand jury with a view to

prosecuting it by indictment in a superior court. In such case, the

local criminal court must adjourn the proceedings to a date which

affords the district attorney reasonable opportunity to pursue such

action, and may subsequently grant such further adjournments for that

purpose as are reasonable under the circumstances. Following the

granting of such adjournment or adjournments, the proceedings must be as

follows:

(a) If such charge is presented to a grand jury within the designated

period and either an indictment or a dismissal of such charge results,

the local criminal court is thereby divested of jurisdiction of such

charge, and all proceedings in the local criminal court with respect

thereto are terminated.

(b) If the misdemeanor charge is not presented to a grand jury within

the designated period, the proceedings in the local criminal court must

continue.