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This entry was published on 2021-05-07
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SECTION 170.15
Removal of action from one local criminal court to another
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE H, ARTICLE 170
§ 170.15 Removal of action from one local criminal court to another.

Under circumstances prescribed in this section, a criminal action
based upon an information, a simplified information, a prosecutor's
information or a misdemeanor complaint may be removed from one local
criminal court to another:

1. When a defendant arrested by a police officer for an offense other
than a felony, allegedly committed in a city or town, has, owing to
special circumstances and pursuant to law, not been brought before the
particular local criminal court which by reason of the situs of such
offense has trial jurisdiction thereof, but, instead, before a local
criminal court which does not have trial jurisdiction thereof, and
therein stands charged with such offense by information, simplified
information or misdemeanor complaint, such local criminal court must
arraign him upon such accusatory instrument. If the defendant desires
to enter a plea of guilty thereto immediately following such
arraignment, such local criminal court must permit him to do so and must
thereafter conduct the action to judgment. Otherwise, it must remit the
action, together with all pertinent papers and documents, to the local
criminal court which has trial jurisdiction of the action, and the
latter court must then conduct such action to judgment or other final
disposition.

2. When a defendant arrested by a police officer for an offense other
than a felony has been brought before a superior court judge sitting as
a local criminal court for arraignment upon an information, simplified
information or misdemeanor complaint charging such offense, such judge
must, as a local criminal court, arraign the defendant upon such
accusatory instrument. Such judge must then remit the action, together
with all pertinent papers and documents, to a local criminal court
having trial jurisdiction thereof. The latter court must then conduct
such action to judgment or other final disposition.

3. At any time within the period provided by section 255.20, where a
defendant is arraigned upon an information, a simplified information, a
prosecutor's information or a misdemeanor complaint pending in a city
court, town court or a village court having trial jurisdiction thereof,
a judge of the county court of the county in which such city court, town
court or village court is located may, upon motion of the defendant or
the people, order that the action be transferred for disposition from
the court in which the matter is pending to another designated local
criminal court of the county, upon the ground that disposition thereof
within a reasonable time in the court from which removal is sought is
unlikely owing to:

(a) Death, disability or other incapacity or disqualification of all
of the judges of such court; or

(b) Inability of such court to form a jury in a case, in which the
defendant is entitled to and has requested a jury trial.

4. Notwithstanding any provision of this section to the contrary, in
any county outside a city having a population of one million or more,
upon or after arraignment of a defendant on an information, a simplified
information, a prosecutor's information or a misdemeanor complaint
pending in a local criminal court, such court may, upon motion of the
defendant and after giving the district attorney an opportunity to be
heard, order that the action be removed from the court in which the
matter is pending to another local criminal court in the same county
which has been designated a court formed to address a matter of special
concern based upon the status of the defendant or the victim, commonly
known as a "problem solving court," including, but not limited to, drug
court, domestic violence court, youth court, mental health court, and
veterans court, by the chief administrator of the courts, and such
problem solving court may then conduct such action to judgment or other
final disposition; provided, however, that an order of removal issued
under this subdivision shall not take effect until five days after the
date the order is issued unless, prior to such effective date, the
problem solving court notifies the court that issued the order that:

(a) it will not accept the action, in which event the order shall not
take effect, or

(b) it will accept the action on a date prior to such effective date,
in which event the order shall take effect upon such prior date.

Upon providing notification pursuant to paragraph (a) or (b) of this
subdivision, the problem solving court shall promptly give notice to the
defendant, his or her counsel and the district attorney.

5. (a) Notwithstanding any provision of this section to the contrary,
in any county outside a city having a population of one million or more,
upon or after arraignment of a defendant on an information, a simplified
information, a prosecutor's information or a misdemeanor complaint
pending in a local criminal court, such court may, upon motion of the
defendant and after giving the district attorney an opportunity to be
heard, order that the action be removed from the court in which the
matter is pending to another local criminal court in the same county, or
with consent of the district attorney and the district attorney of the
adjoining county to another court in such adjoining county, that has
been designated as a human trafficking court or veterans treatment court
by the chief administrator of the courts, and such human trafficking
court or veterans treatment court may then conduct such action to
judgment or other final deposition; provided, however, that no court may
order removal pursuant to this subdivision to a veterans treatment court
of a family offense charge described in subdivision one of section
530.11 of this chapter where the accused and the person alleged to be
the victim of such offense charged are members of the same family or
household as defined in such subdivision one of section 530.11; and
provided further that an order of removal issued under this subdivision
shall not take effect until five days after the date the order is issued
unless, prior to such effective date, the human trafficking court or
veterans treatment court notifies the court that issued the order that:

i. it will not accept the action, in which event the order shall not
take effect; or

ii. it will accept the action on a date prior to such effective date,
in which event the order shall take effect upon such prior date.

(b) Upon providing notification pursuant to subparagraph i or ii of
paragraph (a) of this subdivision, the human trafficking court or
veterans treatment court shall promptly give notice to the defendant,
his or her counsel, and the district attorney.