§ 722.22 — Motion to remove juvenile offender to family court

New York § 722.22

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title U: Special Proceedings Which Replace, Suspend or Abate Criminal Actions
• Part 3: Special Proceedings and Miscellaneous Procedures
• Art. 722: Proceedings Against Juvenile Offenders and Adolescent Offenders; Establishment of Youth Part and Related Procedures

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§ 722.22 Motion to remove juvenile offender to family court.\n 1. After a motion by a juvenile offender, pursuant to subdivision five\nof section 722.20 of this article, or after arraignment of a juvenile\noffender upon an indictment, the court may, on motion of any party or on\nits own motion:\n (a) except as otherwise provided by paragraph (b) of this subdivision,\norder removal of the action to the family court pursuant to the\nprovisions of article seven hundred twenty-five of this title, if, after\nconsideration of the factors set forth in subdivision two of this\nsection, the court determines that to do so would be in the interests of\njustice; or\n (b) with the consent of the district attorney, order removal of an\naction involving an indictment charging a juvenile offender with murder\nin the second degree as defined in section 125.25 of the penal law; rape\nin the first degree, as defined in paragraph (a) of subdivision one,\nparagraph (a) of subdivision two and paragraph (a) of subdivision three\nof section 130.35 of the penal law; rape in the first degree as formerly\ndefined in subdivision one of section 130.35 of the penal law; a crime\nformerly defined in subdivision one of section 130.50 of the penal law;\nor an armed felony as defined in paragraph (a) of subdivision forty-one\nof section 1.20 of this chapter, to the family court pursuant to the\nprovisions of article seven hundred twenty-five of this title if the\ncourt finds one or more of the following factors: (i) mitigating\ncircumstances that bear directly upon the manner in which the crime was\ncommitted; (ii) where the defendant was not the sole participant in the\ncrime, the defendant's participation was relatively minor although not\nso minor as to constitute a defense to the prosecution; or (iii)\npossible deficiencies in the proof of the crime, and, after\nconsideration of the factors set forth in subdivision two of this\nsection, the court determined that removal of the action to the family\ncourt would be in the interests of justice.\n 2. In making its determination pursuant to subdivision one of this\nsection the court shall, to the extent applicable, examine individually\nand collectively, the following:\n (a) the seriousness and circumstances of the offense;\n (b) the extent of harm caused by the offense;\n (c) the evidence of guilt, whether admissible or inadmissible at\ntrial;\n (d) the history, character and condition of the defendant;\n (e) the purpose and effect of imposing upon the defendant a sentence\nauthorized for the offense;\n (f) the impact of a removal of the case to the family court on the\nsafety or welfare of the community;\n (g) the impact of a removal of the case to the family court upon the\nconfidence of the public in the criminal justice system;\n (h) where the court deems it appropriate, the attitude of the\ncomplainant or victim with respect to the motion; and\n (i) any other relevant fact indicating that a judgment of conviction\nin the criminal court would serve no useful purpose.\n 3. The procedure for bringing on a motion pursuant to subdivision one\nof this section, shall accord with the procedure prescribed in\nsubdivisions one and two of section 210.45 of this chapter. After all\npapers of both parties have been filed and after all documentary\nevidence, if any, has been submitted, the court must consider the same\nfor the purpose of determining whether the motion is determinable on the\nmotion papers submitted and, if not, may make such inquiry as it deems\nnecessary for the purpose of making a determination.\n 4. For the purpose of making a determination pursuant to this section,\nany evidence 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 5. 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\nremoval in 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. The reasons\nshall be stated in detail and not in conclusory terms.\n