Legislation
SECTION 254-A
Procedure for district attorney presentation
Family Court Act (FCT) CHAPTER 686, ARTICLE 2, PART 5
§ 254-a. Procedure for district attorney presentation. 1. The county
attorney and the district attorney of a county, and the corporation
counsel of the city of New York and the district attorney of any county
in such city, may enter into an agreement whereby the district attorney
shall present the case in support of the petition in which a designated
felony act has been alleged.
2. Where such agreement has been entered into, in the case of a
respondent who is alleged to have done two or more acts which, if done
by an adult, would constitute joinable offenses pursuant to subdivision
two of section 200.20 of the criminal procedure law, the district
attorney shall present the juvenile delinquency petition with respect to
all such acts, notwithstanding less than all of such acts constitute
designated felony acts.
3. Where such agreement has been entered into, the district attorney
shall also present petitions which have been filed against all
respondents who are accused of participating, in concert, in the
commission of a designated felony act, notwithstanding less than all of
such respondents are charged with having committed a designated felony
act. Such petition shall be adjudicated in a single fact-finding
hearing, unless the court orders separate fact-finding hearings for good
cause shown.
4. When presenting cases the district attorney shall have the same
powers under this act as the corporation counsel or county attorney and
shall assist in all stages of the proceedings including appeals in
connection therewith.
5. Such agreement shall be subject to the approval in the city of New
York of its mayor, and outside the city of the respective county
executive, if there be one, otherwise, the board of supervisors.
6. The district attorney may elect to present the petition against a
respondent, who was the defendant in a criminal proceeding removed to
the family court pursuant to article seven hundred twenty-five of the
criminal procedure law, when a proceeding under article three is
commenced as a result of the order of removal.
attorney and the district attorney of a county, and the corporation
counsel of the city of New York and the district attorney of any county
in such city, may enter into an agreement whereby the district attorney
shall present the case in support of the petition in which a designated
felony act has been alleged.
2. Where such agreement has been entered into, in the case of a
respondent who is alleged to have done two or more acts which, if done
by an adult, would constitute joinable offenses pursuant to subdivision
two of section 200.20 of the criminal procedure law, the district
attorney shall present the juvenile delinquency petition with respect to
all such acts, notwithstanding less than all of such acts constitute
designated felony acts.
3. Where such agreement has been entered into, the district attorney
shall also present petitions which have been filed against all
respondents who are accused of participating, in concert, in the
commission of a designated felony act, notwithstanding less than all of
such respondents are charged with having committed a designated felony
act. Such petition shall be adjudicated in a single fact-finding
hearing, unless the court orders separate fact-finding hearings for good
cause shown.
4. When presenting cases the district attorney shall have the same
powers under this act as the corporation counsel or county attorney and
shall assist in all stages of the proceedings including appeals in
connection therewith.
5. Such agreement shall be subject to the approval in the city of New
York of its mayor, and outside the city of the respective county
executive, if there be one, otherwise, the board of supervisors.
6. The district attorney may elect to present the petition against a
respondent, who was the defendant in a criminal proceeding removed to
the family court pursuant to article seven hundred twenty-five of the
criminal procedure law, when a proceeding under article three is
commenced as a result of the order of removal.