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This entry was published on 2021-05-07
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SECTION 180.20
Proceedings upon felony complaint; removal of action from one local criminal court to another
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE H, ARTICLE 180
§ 180.20 Proceedings upon felony complaint; removal of action from one

local criminal court to another.

Under circumstances prescribed in this section, a criminal action
based upon a pending felony complaint may be removed from one local
criminal court to another:

1. When a defendant arrested by a police officer for a felony
allegedly committed in a town has not been brought before the town court
of the town, or as the case may be before the village court of the
village, in which the felony charged was allegedly committed, but,
instead, to another local criminal court of the county and there stands
charged with such offense by felony complaint, such latter court must
arraign him upon such felony complaint. Such court must then either:

(a) Dispose of the felony complaint pursuant to this article. If
such disposition results in a reduction of the felony charge and the
filing of an information or prosecutor's information charging a
misdemeanor or a petty offense pursuant to section 180.50 or subdivision
two or three of section 180.70, such court must conduct the action to
judgment or other final disposition; or

(b) Remit the action upon the felony complaint, together with all
pertinent papers and documents, to the town court of the town, or as the
case may be to the village court of the village, in which the felony
charged was allegedly committed. In such case, the latter court must
dispose of the felony complaint pursuant to this article.

1-a. When a defendant arrested by a police officer for a felony
allegedly committed in a city has not been brought before the city court
of such city but, instead, to the local criminal court of an adjoining
town or village of the same county and there stands charged with such
offense by felony complaint, such latter court must arraign him upon
such felony complaint. Such court must then either:

(a) Dispose of the felony complaint pursuant to this article. If such
disposition results in a reduction of the felony charge and the filing
of an information or prosecutor's information charging a misdemeanor or
a petty offense pursuant to section 180.50 or subdivision two or three
of section 180.70 of this article, such court must conduct the action to
judgment or other final disposition; or

(b) Remit the action upon the felony complaint, together with all
pertinent papers and documents, to the city court of the city in which
the felony charged was allegedly committed. In such case, the latter
court must dispose of the felony complaint pursuant to this article.

2. When a defendant arrested by a police officer for a felony has
been brought before a superior court judge sitting as a local criminal
court for arraignment upon a felony complaint charging such felony, such
judge must, as a local criminal court, arraign the defendant upon such
felony complaint. Such court must then either:

(a) Dispose of the felony complaint pursuant to this article. If
however, such disposition results in a reduction of the charge and the
filing of an information or prosecutor's information charging a
misdemeanor or a petty offense, such judge, after arraigning the
defendant upon such accusatory instrument, must remit the action,
together with all pertinent papers and documents, to a local criminal
court having trial jurisdiction of the offense charged, and the latter
court must then conduct the action to judgment or other final
disposition; or

(b) Remit the action upon the felony complaint, together with all
pertinent papers and documents, to a local criminal court having
geographical jurisdiction over the area in which the felony charged was
allegedly committed. In such case, such latter court must dispose of
the felony complaint pursuant to this article.

3. 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 a felony complaint pending
in a local criminal court having preliminary jurisdiction thereof, such
court may, upon motion of the defendant and with the consent of the
district attorney, 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 drug court by the chief administrator
of the courts, and such drug court may then dispose of such felony
complaint pursuant to this article; 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 drug 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 drug court shall promptly give notice to the defendant,
his or her counsel and the district attorney.

4. (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 a felony complaint pending
in a local criminal court having preliminary jurisdiction thereof, 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 disposition; 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 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.