§ 230.20 — Removal of action; removal from county court to supreme court and change of venue; upon motion of party

New York § 230.20

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title J: Prosecution of Indictments In Superior Courts--plea to Sentence
• Part 2: The Principal Proceedings
• Art. 230: Removal of Action

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§ 230.20 Removal of action; removal from county court to supreme court\n and change of venue; upon motion of party.\n 1. At any time within the period provided by section 255.20, the\nappellate division of the department embracing the county, upon motion\nof either the defendant or the people, may, for good cause shown, order\nthat the indictment and action be removed from the county court to the\nsupreme court at a term held or to be held in the same county.\n 2. At any time within the period provided by section 255.20, the\nappellate division of the department embracing the county in which the\nsuperior court is located may, upon motion of either the defendant or\nthe people demonstrating reasonable cause to believe that a fair and\nimpartial trial cannot be had in such county, order either:\n (a) that the indictment and action be removed from such superior court\nto a designated superior court of or located in another county; or\n (b) that the commissioner of jurors of such county, in consultation\nwith the appropriate administrative judge of the judicial district in\nwhich the county is located, expand the pool of jurors to encompass\nprospective jurors from the jury lists of counties that are within the\njudicial district in which, and that are geographically contiguous with\nthe county in which, such superior court is located.\n In making such determination the appellate division shall consider,\namong other factors, the hardship on potential jurors and the potential\ndepletion of a county's qualified juror list that may result from an\norder expanding the jury pool. An order of removal under paragraph (a)\nherein must, if the defendant is in custody at the time, include a\nprovision for transfer of custody by the sheriff or other appropriate\npublic servant of the county of confinement to the sheriff or other\nappropriate public servant of the county to which the action has been\nremoved. If the order is issued upon motion of the people, the appellate\ndivision may impose such conditions as it deems equitable and\nappropriate to insure that the removal does not subject the defendant to\nan unreasonable burden in making his defense. Any additional cost to the\npeople incurred in complying with the order must be borne by the county\nfrom which the action originated.\n 3. Any motion made pursuant to this section must be based upon papers\nstating the grounds therefor, and must be made within the period\nprovided by section 255.20 and upon five days notice thereof together\nwith service of the moving papers upon, as the case may be, (a) the\ndistrict attorney or (b) either the defendant or his counsel. In any\ncase, the motion must be made returnable either during the appellate\ndivision term during which such moving papers are served or during the\nnext term thereof.\n 4. If the appellate division grants the motion and orders a removal of\nthe action, a certified copy of such order must be filed with the clerk\nof the superior court in which the indictment is pending. Such clerk\nmust thereupon transmit such instrument, together with the pertinent\npapers and proceedings of the action, including all undertakings for\nappearances of the defendant and of the witnesses, or a certified copy\nor copies of the same, to the term of the superior court to which the\naction has been removed. Such latter court must then proceed to conduct\nthe action to judgment or other final disposition.\n