N.Y. Crim. Proc. Law § 330.25

§ 330.25 Removal after verdict.\n * 1. Where a defendant is a juvenile offender who does not stand\nconvicted of murder in the second degree, upon motion and with the\nconsent of the district attorney, the action may be removed to the\nfamily court in the interests of justice pursuant to article seven\nhundred twenty-five of this chapter notwithstanding the verdict.\n * NB Effective until October 1, 2018\n * 1. Where a defendant is a juvenile offender or an adolescent\noffender who does not stand convicted of murder in the second degree,\nupon motion and with the consent of the district attorney, the action\nmay be removed to the family court in the interests of justice pursuant\nto article seven hundred twenty-five of this chapter notwithstanding the\nverdict.\n * NB Effective October 1, 2018; see ch. 59/2017 Pt. WWW § 106 sb b for\nfurther contingencies for 10/1/2019\n * 2. If the district attorney consents to the motion for removal\npursuant to this section, he shall file a subscribed memorandum with the\ncourt setting forth (1) a recommendation that the interests of justice\nwould best be served by removal of the action to the family court; and\n(2) if the conviction is of an offense set forth in paragraph (b) of\nsubdivision one of section 210.43 of this chapter, specific factors, one\nor more of which reasonably support the recommendation, showing, (i)\nmitigating circumstances that bear directly upon the manner in which the\ncrime was committed, or (ii) where the defendant was not the sole\nparticipant in the crime, that the defendant's participation was\nrelatively minor although not so minor as to constitute a defense to\nprosecution, or (iii) where the juvenile offender has no previous\nadjudications of having committed a designated felony act, as defined in\nsubdivision eight of section 301.2 of the family court act, regardless\nof the age of the offender at the time of commission of the act, that\nthe criminal act was not part of a pattern of criminal behavior and, in\nview of the history of the offender, is not likely to be repeated.\n * NB Effective until October 1, 2018\n * 2. If the district attorney consents to the motion for removal\npursuant to this section, he shall file a subscribed memorandum with the\ncourt setting forth (1) a recommendation that the interests of justice\nwould best be served by removal of the action to the family court; and\n(2) if the conviction is of an offense set forth in paragraph (b) of\nsubdivision one of section 722.22 of this chapter, specific factors, one\nor more of which reasonably support the recommendation, showing, (i)\nmitigating circumstances that bear directly upon the manner in which the\ncrime was committed, or (ii) where the defendant was not the sole\nparticipant in the crime, that the defendant's participation was\nrelatively minor although not so minor as to constitute a defense to\nprosecution, or (iii) where the juvenile offender has no previous\nadjudications of having committed a designated felony act, as defined in\nsubdivision eight of section 301.2 of the family court act, regardless\nof the age of the offender at the time of commission of the act, that\nthe criminal act was not part of a pattern of criminal behavior and, in\nview of the history of the offender, is not likely to be repeated.\n * NB Effective October 1, 2018; see ch. 59/2017 Pt. WWW § 106 sb b for\nfurther contingencies for 10/1/2019\n 3. If the court is of the opinion, based upon the specific factors set\nforth in the district attorney's memorandum, that the interests of\njustice would best be served by removal of the action to the family\ncourt, the verdict shall be set aside and a plea of guilty of a crime or\nact for which the defendant is not criminally responsible may be entered\npursuant to subdivision three or four of section 220.10 of this chapter.\nUpon accepting any such plea, the court must specify upon the record the\nportion or portions of the district attorney's statement the court is\nrelying upon as the basis of its opinion and that it believes the\ninterests of justice would best be served by removal of the proceeding\nto the family court. Such plea shall then be deemed to be a juvenile\ndelinquency fact determination and the court upon entry thereof must\ndirect that the action be removed to the family court in accordance with\nthe provisions of article seven hundred twenty-five of this chapter.\n