§ 230.30 — Removal of action; stay of trial pending motion therefor

New York § 230.30

• 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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§ 230.30 Removal of action; stay of trial pending motion therefor.\n 1. At any time when a timely motion for removal of an action from the\ncounty court to the supreme court or for a change of venue may be made\npursuant to section 230.20, a justice holding a term of the supreme\ncourt in the district in which the indictment is pending, or a justice\nof the appellate division of the department in which the indictment is\npending, upon application of either the defendant or the people, may, in\nhis discretion and for good cause shown, order that the trial of such\nindictment be stayed for a designated period, not to exceed thirty days\nfrom the issuance of such order, to allow the applicant party to make a\nmotion in the appropriate court for removal of the action from a county\ncourt to the supreme court or for a change of venue.\n 2. Such an order may be issued only upon an application made in\nwriting and after reasonable notice and opportunity to be heard has been\naccorded the other party.\n 3. Upon issuing the order, the supreme court justice or appellate\ndivision justice must cause the order to be filed with the clerk of the\ncourt in which the indictment is pending. Thereafter, no further\nproceedings may be had in such court until a motion for removal or\nchange of venue, as the case may be, if made within the designated\nperiod, has been determined, or until such designated period has expired\nwithout any such motion having been made.\n 4. When such an application for a stay has been made to and denied by\na justice of the supreme court or a justice of the appellate division, a\nsecond such application may not be made to any other such justice.\n