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This entry was published on 2021-05-07
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SECTION 230.11
Removal of action to certain courts within a county
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE J, ARTICLE 230
§ 230.11 Removal of action to certain courts within a county.

1. In any county outside a city having a population of one million or
more, upon or after arraignment of a defendant on an indictment pending
in a superior court having 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 court in the same 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 section 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:

(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.

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