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This entry was published on 2019-10-04
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SECTION 330.25
Removal after verdict
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE J, ARTICLE 330
§ 330.25 Removal after verdict.

1. Where a defendant is a juvenile offender or an adolescent offender
who does not stand convicted of murder in the second degree, upon motion
and with the consent of the district attorney, the action may be removed
to the family court in the interests of justice pursuant to article
seven hundred twenty-five of this chapter notwithstanding the verdict.

2. If the district attorney consents to the motion for removal
pursuant to this section, he shall file a subscribed memorandum with the
court setting forth (1) a recommendation that the interests of justice
would best be served by removal of the action to the family court; and
(2) if the conviction is of an offense set forth in paragraph (b) of
subdivision one of section 722.22 of this chapter, specific factors, one
or more of which reasonably support the recommendation, showing, (i)
mitigating circumstances that bear directly upon the manner in which the
crime was committed, or (ii) where the defendant was not the sole
participant in the crime, that the defendant's participation was
relatively minor although not so minor as to constitute a defense to
prosecution, or (iii) where the juvenile offender has no previous
adjudications of having committed a designated felony act, as defined in
subdivision eight of section 301.2 of the family court act, regardless
of the age of the offender at the time of commission of the act, that
the criminal act was not part of a pattern of criminal behavior and, in
view of the history of the offender, is not likely to be repeated.

3. If the court is of the opinion, based upon the specific factors set
forth in the district attorney's memorandum, that the interests of
justice would best be served by removal of the action to the family
court, the verdict shall be set aside and a plea of guilty of a crime or
act for which the defendant is not criminally responsible may be entered
pursuant to subdivision three or four of section 220.10 of this chapter.
Upon accepting any such plea, the court must specify upon the record the
portion or portions of the district attorney's statement the court is
relying upon as the basis of its opinion and that it believes the
interests of justice would best be served by removal of the proceeding
to the family court. Such plea shall then be deemed to be a juvenile
delinquency fact determination and the court upon entry thereof must
direct that the action be removed to the family court in accordance with
the provisions of article seven hundred twenty-five of this chapter.