N.Y. Comp. Codes R. & Regs. tit. 22 § 149.4

Current through Register Vol. 46, No. 50, December 11, 2024

Section 149.4 - Transfer of actions or proceedings to Superior Court adolescent diversion part

Transfer of actions or proceedings pending in local criminal courts.

(1) Following arraignment in an adolescent diversion part-eligible case, a local criminal court in a county in which an adolescent diversion part has been established shall, upon motion of the court or of the defendant or the district attorney, and upon consent of all parties, cause originals or copies of papers and other documents filed in such case in the local criminal court to be sent to the adolescent diversion part.

(2) Not later than five days following receipt of the papers and other documents, the justice or judge presiding in the adolescent diversion part shall determine whether or not a transfer of the action or proceeding to the Supreme or County Court where the adolescent diversion part is established would promote the administration of justice. If the justice or judge presiding in such part determines that it would, he or she may order such transfer, in which event the action or proceeding shall be transferred to the Supreme or County Court and referred for disposition to the adolescent diversion part; all original papers, if not already sent, shall be sent from the originating court to the adolescent diversion part, where all further proceedings shall be conducted. If the justice or judge determines that such a transfer would not promote the administration of justice, he or she shall notify the local criminal court from which the reference was received of such determination and cause all original papers and other documents in the action or proceeding to be returned promptly to the court from which they were received, whereupon all further proceedings in such action or proceeding shall be conducted in accordance with law.

(3) Notwithstanding the provisions of paragraphs (1) and (2) of this subdivision, where the defendant in a action or proceeding is held by the local criminal court for the action of a grand jury empaneled by a Supreme Court or a County Court, a copy of the papers and other documents filed with such local criminal court shall be delivered to the adolescent diversion part; and the justice or judge presiding in the adolescent diversion part may at any time order a transfer of the action or proceeding to the Supreme Court or County Court where the adolescent diversion part is established provided he or she determines that such a transfer would promote the administration of justice. The original papers and other documents filed with the local criminal court shall be delivered to the Supreme Court or County Court as required by section 180.30(1) of the Criminal Procedure Law.

(b) Where an adolescent diversion part-eligible action or proceeding is pending in the Supreme Court or County Court where the adolescent diversion part is established, it may be referred for disposition to the adolescent diversion part of such court and all further proceedings shall be conducted therein.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 149.4