§ 725.10 — Removal of action

New York § 725.10

• 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

§ 725.10 Removal of action.\n 1. Unless the defendant is an adolescent offender who has been\ndirected to appear at the family court intake office of the county\ndepartment of probation for adjustment consideration in accordance with\nsubdivision seven of section 725.05 of this article, when an order of\nremoval is filed with the family court, a proceeding pursuant to article\nthree of the family court act must be originated. The family court\nthereupon must assume jurisdiction and proceed to render such judgment\nas the circumstances require, in the manner and to the extent provided\nby law.\n 2. Upon the filing of an order of removal in a criminal court the\ncriminal action upon which the order is based shall be terminated, and\nthere shall be no further criminal proceedings in any criminal court as\ndefined in section 10.10 of this chapter with respect to the offense or\noffenses charged in the accusatory instrument which was the subject of\nremoval. All further proceedings including motions and appeals shall be\nin accordance with laws appertaining to the family court and for this\npurpose all findings, determinations, verdicts and orders other than the\norder of removal, shall be deemed to have been made by the family court.\n