N.Y. Criminal Procedure Law § 722.20: Proceedings upon felony complaint; juvenile offender

§ 722.20 Proceedings upon felony complaint; juvenile offender.

1. When a juvenile offender is arraigned before a youth part, the

provisions of this section shall apply. If the youth part is not in

session, the defendant shall be brought before the most accessible

magistrate designated by the appellate division of the supreme court to

act as a youth part for the purpose of making a determination whether

such juvenile shall be detained or, with the consent of the district

attorney, immediately removed to family court. If the defendant is

ordered to be detained, he or she shall be brought before the next

session of the youth part. If the defendant is not detained, he or she

shall be ordered to appear at the next session of the youth part or the

family court.

2. If the defendant waives a hearing upon the felony complaint, the

court must order that the defendant be held for the action of the grand

jury with respect to the charge or charges contained in the felony

complaint.

3. If there be a hearing, then at the conclusion of the hearing, the

youth part court must dispose of the felony complaint as follows:

(a) If there is reasonable cause to believe that the defendant

committed a crime for which a person under the age of sixteen is

criminally responsible, the court must order that the defendant be held

for the action of a grand jury; or

(b) If there is not reasonable cause to believe that the defendant

committed a crime for which a person under the age of sixteen is

criminally responsible but there is reasonable cause to believe that the

defendant is a "juvenile delinquent" as defined in subdivision one of

section 301.2 of the family court act, the court must specify the act or

acts it found reasonable cause to believe the defendant did and direct

that the action be removed to the family court in accordance with the

provisions of article seven hundred twenty-five of this title; or

(c) If there is not reasonable cause to believe that the defendant

committed any criminal act, the court must dismiss the felony complaint

and discharge the defendant from custody if he is in custody, or if he

is at liberty on bail, it must exonerate the bail.

4. Notwithstanding the provisions of subdivisions two and three of

this section, the court shall, at the request of the district attorney,

order removal of an action against a juvenile offender to the family

court pursuant to the provisions of article seven hundred twenty-five of

this title if, upon consideration of the criteria specified in

subdivision two of section 722.22 of this article, it is determined that

to do so would be in the interests of justice. Where, however, the

felony complaint charges the juvenile offender with murder in the second

degree as defined in section 125.25 of the penal law, rape in the first

degree as defined in paragraph (a) of subdivision one, paragraph (a) of

subdivision two and paragraph (a) of subdivision three of section 130.35

of the penal law, rape in the first degree as formerly defined in

subdivision one of section 130.35 of the penal law; a crime formerly

defined in subdivision one of section 130.50 of the penal law, or an

armed felony as defined in paragraph (a) of subdivision forty-one of

section 1.20 of this chapter, a determination that such action be

removed to the family court shall, in addition, be based upon a finding

of one or more of the following factors: (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, the

defendant's participation was relatively minor although not so minor as

to constitute a defense to the prosecution; or (iii) possible

deficiencies in proof of the crime.

5. Notwithstanding the provisions of subdivision two, three, or four

of this section, if a currently undetermined felony complaint against a

juvenile offender is pending, and the defendant has not waived a hearing

pursuant to subdivision two of this section and a hearing pursuant to

subdivision three of this section has not commenced, the defendant may

move to remove the action to family court pursuant to 722.22 of this

article. The procedural rules of subdivisions one and two of section

210.45 of this chapter are applicable to a motion pursuant to this

subdivision. Upon such motion, the court shall proceed and determine the

motion as provided in section 722.22 of this article; provided, however,

that the exception provisions of paragraph (b) of subdivision one of

section 722.22 of this article shall not apply when there is not

reasonable cause to believe that the juvenile offender committed one or

more of the crimes enumerated therein, and in such event the provisions

of paragraph (a) thereof shall apply.

6. (a) If the court orders removal of the action to family court, it

shall state on the record the factor or factors upon which its

determination is based, and the court shall give its reasons for removal

in detail and not in conclusory terms.

(b) The district attorney shall state upon the record the reasons for

his consent to removal of the action to the family court where such

consent is required. The reasons shall be stated in detail and not in

conclusory terms.

(c) For the purpose of making a determination pursuant to subdivision

four or five of this section, the court may make such inquiry as it

deems necessary. Any evidence which is not legally privileged may be

introduced. If the defendant testifies, his testimony may not be

introduced against him in any future proceeding, except to impeach his

testimony at such future proceeding as inconsistent prior testimony.

(d) Where a motion for removal by the defendant pursuant to

subdivision five of this section has been denied, no further motion

pursuant to this section or section 722.22 of this article may be made

by the juvenile offender with respect to the same offense or offenses.

(e) Except as provided by paragraph (f) of this subdivision, this

section shall not be construed to limit the powers of the grand jury.

(f) Where a motion by the defendant pursuant to subdivision five of

this section has been granted, there shall be no further proceedings

against the juvenile offender in any local or superior criminal court

including the youth part of the superior court for the offense or

offenses which were the subject of the removal order.