N.Y. Criminal Procedure Law § 310.85: Verdict of guilty where defendant not criminally responsible

§ 310.85 Verdict of guilty where defendant not criminally responsible.

1. Where a verdict of guilty is rendered with respect to a crime, but

the defendant is not criminally responsible for such crime by reason of

infancy, the court shall proceed as provided in this section.

2. If a verdict of guilty also is rendered with respect to a crime

for which the defendant is criminally responsible, or if the defendant

is awaiting sentence upon another criminal conviction or is under a

sentence of imprisonment on another criminal conviction, the verdict

rendered with respect to a crime for which he is not criminally

responsible must be set aside and shall be deemed a nullity.

3. In any case where the verdict is not set aside pursuant to

subdivision two of this section, the court must order that the verdict

be deemed vacated and replaced by a juvenile delinquency fact

determination. Upon so ordering, the court must direct that the action

be removed to the family court in accordance with the provisions of

article seven hundred twenty-five of this chapter.