N.Y. Criminal Procedure Law § 725.05: Order of removal

§ 725.05 Order of removal.

When a youth part directs that an action or charge is to be removed to

the family court the youth part must issue an order of removal in

accordance with this section. Such order must be as follows:

1. It must provide that the action or charge is to be removed to the

family court of the county in which such action or charge was pending,

and it must specify the section pursuant to which the removal is

authorized.

2. Where the direction is authorized pursuant to paragraph (b) of

subdivision three of sections 722.20 or 722.21 of this title, it must

specify the act or acts it found reasonable cause to believe the

defendant did.

3. Where the direction is authorized pursuant to subdivision four of

section 722.20 or section 722.21 of this title, it must specify the act

or acts it found reasonable cause to allege.

4. Where the direction is authorized pursuant to section 190.71 of

this chapter, the court shall annex to the order as part thereof a

certified copy of the grand jury request.

4-a. Where the direction is authorized pursuant to subdivision seven

of section 210.30 of this chapter, it must specify the act or acts for

which there was sufficient evidence to believe that defendant did.

5. Where the direction is authorized pursuant to section 220.10,

310.85 or 330.25 of this chapter, it must specify the act or acts for

which a plea or verdict of guilty was rendered or accepted and entered.

6. Where a securing order has not been made, the order of removal must

provide that the police officer or peace officer who made the arrest or

some other proper officer forthwith and with all reasonable speed take

the juvenile to the designated family court or, where that cannot be

done, it must provide for release or detention in the same manner as

provided for a family court proceeding pursuant to section 320.5 of the

family court act.

7. Whether or not a securing order has been made, the order of removal

must specify a date certain within ten days from the date of the order

of removal for the defendant's appearance in the family court and where

the defendant is in detention or in the custody of the sheriff that date

must be not later than the next day the family court is in session.

Unless the defendant is in detention or is in the custody of the sheriff

or unless the order of removal specifies a juvenile or adolescent

offense for which the defendant is not eligible for consideration for

adjustment under subdivision thirteen or fourteen of section 308.1 of

the family court act, the order of removal shall direct the defendant to

appear at the family court intake office of the county department of

probation for adjustment consideration; provided, however, that pursuant

to subdivision three of section 308.1 of the family court act, the fact

that the defendant is in detention or is in the custody of the sheriff

shall not preclude the probation service from adjusting the case if the

defendant is otherwise eligible for adjustment.

8. The order of removal must direct that all of the pleadings and

proceedings in the action, or a certified copy of same be transferred to

the designated family court and be delivered to and filed with the clerk

of that court. For the purposes of this subdivision the term "pleadings

and proceedings" includes the minutes of any hearing inquiry or trial

held in the action, the minutes of any grand jury proceeding and the

minutes of any plea accepted and entered.

9. The order of removal must be signed by a judge or justice of the

court that directed the removal.