§ 254-A — Procedure for district attorney presentation

New York § 254-A

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 5: Auxiliary Services
• Art. 2: Administration, Medical Examinations, Attorneys For Children, Auxiliary Services

Text

§ 254-a. Procedure for district attorney presentation. 1. The county\nattorney and the district attorney of a county, and the corporation\ncounsel of the city of New York and the district attorney of any county\nin such city, may enter into an agreement whereby the district attorney\nshall present the case in support of the petition in which a designated\nfelony act has been alleged.\n 2. Where such agreement has been entered into, in the case of a\nrespondent who is alleged to have done two or more acts which, if done\nby an adult, would constitute joinable offenses pursuant to subdivision\ntwo of section 200.20 of the criminal procedure law, the district\nattorney shall present the juvenile delinquency petition with respect to\nall such acts, notwithstanding less than all of such acts constitute\ndesignated felony acts.\n 3. Where such agreement has been entered into, the district attorney\nshall also present petitions which have been filed against all\nrespondents who are accused of participating, in concert, in the\ncommission of a designated felony act, notwithstanding less than all of\nsuch respondents are charged with having committed a designated felony\nact. Such petition shall be adjudicated in a single fact-finding\nhearing, unless the court orders separate fact-finding hearings for good\ncause shown.\n 4. When presenting cases the district attorney shall have the same\npowers under this act as the corporation counsel or county attorney and\nshall assist in all stages of the proceedings including appeals in\nconnection therewith.\n 5. Such agreement shall be subject to the approval in the city of New\nYork of its mayor, and outside the city of the respective county\nexecutive, if there be one, otherwise, the board of supervisors.\n 6. The district attorney may elect to present the petition against a\nrespondent, who was the defendant in a criminal proceeding removed to\nthe family court pursuant to article seven hundred twenty-five of the\ncriminal procedure law, when a proceeding under article three is\ncommenced as a result of the order of removal.\n