§ 725.05 — Order of removal

New York § 725.05

• 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. 725: Removal of Proceeding Against Juvenile Offender to Family Court

Text

§ 725.05 Order of removal.\n When a youth part directs that an action or charge is to be removed to\nthe family court the youth part must issue an order of removal in\naccordance with this section. Such order must be as follows:\n 1. It must provide that the action or charge is to be removed to the\nfamily court of the county in which such action or charge was pending,\nand it must specify the section pursuant to which the removal is\nauthorized.\n 2. Where the direction is authorized pursuant to paragraph (b) of\nsubdivision three of sections 722.20 or 722.21 of this title, it must\nspecify the act or acts it found reasonable cause to believe the\ndefendant did.\n 3. Where the direction is authorized pursuant to subdivision four of\nsection 722.20 or section 722.21 of this title, it must specify the act\nor acts it found reasonable cause to allege.\n 4. Where the direction is authorized pursuant to section 190.71 of\nthis chapter, the court shall annex to the order as part thereof a\ncertified copy of the grand jury request.\n 4-a. Where the direction is authorized pursuant to subdivision seven\nof section 210.30 of this chapter, it must specify the act or acts for\nwhich there was sufficient evidence to believe that defendant did.\n 5. Where the direction is authorized pursuant to section 220.10,\n310.85 or 330.25 of this chapter, it must specify the act or acts for\nwhich a plea or verdict of guilty was rendered or accepted and entered.\n 6. Where a securing order has not been made, the order of removal must\nprovide that the police officer or peace officer who made the arrest or\nsome other proper officer forthwith and with all reasonable speed take\nthe juvenile to the designated family court or, where that cannot be\ndone, it must provide for release or detention in the same manner as\nprovided for a family court proceeding pursuant to section 320.5 of the\nfamily court act.\n 7. Whether or not a securing order has been made, the order of removal\nmust specify a date certain within ten days from the date of the order\nof removal for the defendant's appearance in the family court and where\nthe defendant is in detention or in the custody of the sheriff that date\nmust be not later than the next day the family court is in session.\nUnless the defendant is in detention or is in the custody of the sheriff\nor unless the order of removal specifies a juvenile or adolescent\noffense for which the defendant is not eligible for consideration for\nadjustment under subdivision thirteen or fourteen of section 308.1 of\nthe family court act, the order of removal shall direct the defendant to\nappear at the family court intake office of the county department of\nprobation for adjustment consideration; provided, however, that pursuant\nto subdivision three of section 308.1 of the family court act, the fact\nthat the defendant is in detention or is in the custody of the sheriff\nshall not preclude the probation service from adjusting the case if the\ndefendant is otherwise eligible for adjustment.\n 8. The order of removal must direct that all of the pleadings and\nproceedings in the action, or a certified copy of same be transferred to\nthe designated family court and be delivered to and filed with the clerk\nof that court. For the purposes of this subdivision the term "pleadings\nand proceedings" includes the minutes of any hearing inquiry or trial\nheld in the action, the minutes of any grand jury proceeding and the\nminutes of any plea accepted and entered.\n 9. The order of removal must be signed by a judge or justice of the\ncourt that directed the removal.\n