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This entry was published on 2014-09-22
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SECTION 230.40
Removal of action; determinations and rulings before and after removal; by which courts made
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE J, ARTICLE 230
§ 230.40 Removal of action; determinations and rulings before and after

removal; by which courts made.

Upon any removal of an indictment and action from one superior court
to another pursuant to the provisions of this article, determinations
and rulings with respect to the action made before such removal are not
thereby rendered invalid. All subsequent determinations and rulings
must be made by the court to which the action is removed; and such
latter court is deemed to have control of the grand jury minutes
underlying the indictment for the purpose of determining post-removal
motions addressed to the legal sufficiency of the grand jury evidence or
the validity of the grand jury proceeding.