N.Y. Family Court Act § 254-a: Procedure for district attorney presentation

§ 254-a. Procedure for district attorney presentation. 1. The county

attorney and the district attorney of a county, and the corporation

counsel of the city of New York and the district attorney of any county

in such city, may enter into an agreement whereby the district attorney

shall present the case in support of the petition in which a designated

felony act has been alleged.

2. Where such agreement has been entered into, in the case of a

respondent who is alleged to have done two or more acts which, if done

by an adult, would constitute joinable offenses pursuant to subdivision

two of section 200.20 of the criminal procedure law, the district

attorney shall present the juvenile delinquency petition with respect to

all such acts, notwithstanding less than all of such acts constitute

designated felony acts.

3. Where such agreement has been entered into, the district attorney

shall also present petitions which have been filed against all

respondents who are accused of participating, in concert, in the

commission of a designated felony act, notwithstanding less than all of

such respondents are charged with having committed a designated felony

act. Such petition shall be adjudicated in a single fact-finding

hearing, unless the court orders separate fact-finding hearings for good

cause shown.

4. When presenting cases the district attorney shall have the same

powers under this act as the corporation counsel or county attorney and

shall assist in all stages of the proceedings including appeals in

connection therewith.

5. Such agreement shall be subject to the approval in the city of New

York of its mayor, and outside the city of the respective county

executive, if there be one, otherwise, the board of supervisors.

6. The district attorney may elect to present the petition against a

respondent, who was the defendant in a criminal proceeding removed to

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

criminal procedure law, when a proceeding under article three is

commenced as a result of the order of removal.