N.Y. Criminal Procedure Law § 330.25: Removal after verdict

§ 330.25 Removal after verdict.

1. Where a defendant is a juvenile offender or an adolescent offender

who does not stand convicted of murder in the second degree, upon motion

and with the consent of the district attorney, the action may be removed

to the family court in the interests of justice pursuant to article

seven hundred twenty-five of this chapter notwithstanding the verdict.

2. If the district attorney consents to the motion for removal

pursuant to this section, he shall file a subscribed memorandum with the

court setting forth (1) a recommendation that the interests of justice

would best be served by removal of the action to the family court; and

(2) if the conviction is of an offense set forth in paragraph (b) of

subdivision one of section 722.22 of this chapter, specific factors, one

or more of which reasonably support the recommendation, showing, (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, that the defendant's participation was

relatively minor although not so minor as to constitute a defense to

prosecution, or (iii) where the juvenile offender has no previous

adjudications of having committed a designated felony act, as defined in

subdivision eight of section 301.2 of the family court act, regardless

of the age of the offender at the time of commission of the act, that

the criminal act was not part of a pattern of criminal behavior and, in

view of the history of the offender, is not likely to be repeated.

3. If the court is of the opinion, based upon the specific factors set

forth in the district attorney's memorandum, that the interests of

justice would best be served by removal of the action to the family

court, the verdict shall be set aside and a plea of guilty of a crime or

act for which the defendant is not criminally responsible may be entered

pursuant to subdivision three or four of section 220.10 of this chapter.

Upon accepting any such plea, the court must specify upon the record the

portion or portions of the district attorney's statement the court is

relying upon as the basis of its opinion and that it believes the

interests of justice would best be served by removal of the proceeding

to the family court. Such plea shall then be deemed to be a juvenile

delinquency fact determination and the court upon entry thereof 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.