N.Y. Crim. Proc. Law § 180.75

§ 180.75 Proceedings upon felony complaint; juvenile offender.\n 1. When a juvenile offender is arraigned before a local criminal\ncourt, the provisions of this section shall apply in lieu of the\nprovisions of sections 180.30, 180.50 and 180.70 of this article.\n 2. If the defendant waives a hearing upon the felony complaint, the\ncourt must order that the defendant be held for the action of the grand\njury of the appropriate superior court with respect to the charge or\ncharges contained in the felony complaint. In such case the court must\npromptly transmit to such superior court the order, the felony\ncomplaint, the supporting depositions and all other pertinent documents.\nUntil such papers are received by the superior court, the action is\ndeemed to be still pending in the local criminal court.\n 3. If there be a hearing, then at the conclusion of the hearing, the\ncourt must dispose of the felony complaint as follows:\n (a) If there is reasonable cause to believe that the defendant\ncommitted a crime for which a person under the age of sixteen is\ncriminally responsible, the court must order that the defendant be held\nfor the action of a grand jury of the appropriate superior court, and it\nmust promptly transmit to such superior court the order, the felony\ncomplaint, the supporting depositions and all other pertinent documents.\nUntil such papers are received by the superior court, the action is\ndeemed to be still pending in the local criminal court; or\n (b) If there is not reasonable cause to believe that the defendant\ncommitted a crime for which a person under the age of sixteen is\ncriminally responsible but there is reasonable cause to believe that the\ndefendant is a "juvenile delinquent" as defined in subdivision one of\nsection 301.2 of the family court act, the court must specify the act or\nacts it found reasonable cause to believe the defendant did and direct\nthat the action be removed to the family court in accordance with the\nprovisions of article seven hundred twenty-five of this chapter; or\n (c) If there is not reasonable cause to believe that the defendant\ncommitted any criminal act, the court must dismiss the felony complaint\nand discharge the defendant from custody if he is in custody, or if he\nis at liberty on bail, it must exonerate the bail.\n 4. Notwithstanding the provisions of subdivisions two and three of\nthis section, a local criminal court shall, at the request of the\ndistrict attorney, order removal of an action against a juvenile\noffender to the family court pursuant to the provisions of article seven\nhundred twenty-five of this chapter if, upon consideration of the\ncriteria specified in subdivision two of section 210.43 of this chapter,\nit is determined that to do so would be in the interests of justice.\nWhere, however, the felony complaint charges the juvenile offender with\nmurder in the second degree as defined in section 125.25 of the penal\nlaw, rape in the first degree as defined in subdivision one of section\n130.35 of the penal law, criminal sexual act in the first degree as\ndefined in subdivision one of section 130.50 of the penal law, or an\narmed felony as defined in paragraph (a) of subdivision forty-one of\nsection 1.20 of this chapter, a determination that such action be\nremoved to the family court shall, in addition, be based upon a finding\nof one or more of the following factors: (i) mitigating circumstances\nthat bear directly upon the manner in which the crime was committed; or\n(ii) where the defendant was not the sole participant in the crime, the\ndefendant's participation was relatively minor although not so minor as\nto constitute a defense to the prosecution; or (iii) possible\ndeficiencies in proof of the crime.\n 5. Notwithstanding the provisions of subdivision two, three, or four,\nif a currently undetermined felony complaint against a juvenile offender\nis pending in a local criminal court, and the defendant has not waived a\nhearing pursuant to subdivision two and a hearing pursuant to\nsubdivision three has not commenced, the defendant may move in the\nsuperior court which would exercise the trial jurisdiction of the\noffense or offenses charged were an indictment therefor to result, to\nremove the action to family court. The procedural rules of subdivisions\none and two of section 210.45 of this chapter are applicable to a motion\npursuant to this subdivision. Upon such motion, the superior court shall\nbe authorized to sit as a local criminal court to exercise the\npreliminary jurisdiction specified in subdivisions two and three of this\nsection, and shall proceed and determine the motion as provided in\nsection 210.43 of this chapter; provided, however, that the exception\nprovisions of paragraph (b) of subdivision one of such section 210.43\nshall not apply when there is not reasonable cause to believe that the\njuvenile offender committed one or more of the crimes enumerated\ntherein, and in such event the provisions of paragraph (a) thereof shall\napply.\n 6. (a) If the court orders removal of the action to family court, it\nshall state on the record the factor or factors upon which its\ndetermination is based, and the court shall give its reasons for removal\nin detail and not in conclusory terms.\n (b) the district attorney shall state upon the record the reasons for\nhis consent to removal of the action to the family court where such\nconsent is required. The reasons shall be stated in detail and not in\nconclusory terms.\n (c) For the purpose of making a determination pursuant to subdivision\nfour or five, the court may make such inquiry as it deems necessary. Any\nevidence which is not legally privileged may be introduced. If the\ndefendant testifies, his testimony may not be introduced against him in\nany future proceeding, except to impeach his testimony at such future\nproceeding as inconsistent prior testimony.\n (d) Where a motion for removal by the defendant pursuant to\nsubdivision five has been denied, no further motion pursuant to this\nsection or section 210.43 of this chapter may be made by the juvenile\noffender with respect to the same offense or offenses.\n (e) Except as provided by paragraph (f), this section shall not be\nconstrued to limit the powers of the grand jury.\n (f) Where a motion by the defendant pursuant to subdivision five has\nbeen granted, there shall be no further proceedings against the juvenile\noffender in any local or superior criminal court for the offense or\noffenses which were the subject of the removal order.\n