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Article 725 - NY Criminal Procedure Law

• NY Laws ›
• CPL ›
• Part 3 ›
• Title U ›
• Article 725

 S 725.00 Applicability.
  The provisions of this article apply in any case where a court directs
that an action or charge is to be removed to the family court under
section 180.75, 190.71, 210.43, 220.10, 310.85 or 330.25 of this
chapter.

S 725.05 Order of removal.
  When a court directs that an action or charge is to be removed to the
family court the court must issue an order of removal in accordance with
this section.  Such order must be as follows:
  1.  It must provide that the action or charge is to be removed to the
family court of the county in which such action or charge was pending,
and it must specify the section pursuant to which the removal is
authorized.
  2.  Where the direction is authorized pursuant to paragraph (b) of
subdivision three of section 180.75 of this chapter, it must specify the
act or acts it found reasonable cause to believe the defendant did.
  3.  Where the direction is authorized pursuant to subdivision four of
section 180.75 of this chapter, it must specify the act or acts it found
reasonable cause to allege.
  4.  Where the direction is authorized pursuant to section 190.71 of
this chapter, the court shall annex to the order as part thereof a
certified copy of the grand jury request.
  4-a.  Where the direction is authorized pursuant to subdivision seven
of section 210.30 of this chapter, it must specify the act or acts for
which there was sufficient evidence to believe that defendant did.
  5.  Where the direction is authorized pursuant to section 220.10,
310.85 or 330.25 of this chapter, it must specify the act or acts for
which a plea or verdict of guilty was rendered or accepted and entered.
  6.  Where a securing order has not been made, the order of removal
must provide that the police officer or peace officer who made the
arrest or some other proper officer forthwith and with all reasonable
speed take the juvenile to the designated family court or, where that
cannot be done, it must provide for release or detention in the same
manner as provided for a family court proceeding pursuant to section
320.5 of the family court act.
  7.  Whether or not a securing order has been made, the order of
removal must specify a date certain within ten days from the date of the
order of removal for the defendant`s appearance in the family court and
where the defendant is in detention or in the custody of the sheriff
that date must be not later than the next day the family court is in
session.
  8.  The order of removal must direct that all of the pleadings and
proceedings in the action, or a certified copy of same be transferred to
the designated family court and be delivered to and filed with the clerk
of that court.  For the purposes of this subdivision the term "pleadings
and proceedings" includes the minutes of any hearing inquiry or trial
held in the action, the minutes of any grand jury proceeding and the
minutes of any plea accepted and entered.
  9.  The order of removal must be signed by a judge or justice of the
court that directed the removal.

S 725.10 Removal of action.
  1.  When an order of removal is filed with the family court a
proceeding pursuant to article three of the family court act must be
originated.  The family court thereupon must assume jurisdiction and
proceed to render such judgment as the circumstances require, in the
manner and to the extent provided by law.
  2.  Upon the filing of an order of removal in a criminal court the
criminal action upon which the order is based shall be terminated, and
there shall be no further criminal proceedings in any criminal court as
defined in section 10.10 of this chapter with respect to the offense or
offenses charged in the accusatory instrument which was the subject of
removal.  All further proceedings including motions and appeals shall be
in accordance with laws appertaining to the family court and for this
purpose all findings, determinations, verdicts and orders other than the
order of removal, shall be deemed to have been made by the family court.

S 725.15 Sealing of records.
  Except  where  specifically  required  or permitted by statute or upon
specific authorization of the court that directed removal of  an  action
to  the family court all official records and papers of the action up to
and including the order of removal, whether on file with  the  court,  a
police  agency  or  the  division  of  criminal  justice  services,  are
confidential and must not be made available to any person or  public  or
private agency, provided however that availability of copies of any such
records  and  papers  on file with the family court shall be governed by
provisions that apply to family court records, and further provided that
all official records and papers of the action shall be included in those
records  and  reports  that  may  be  obtained  upon  request   by   the
commissioner  of mental health or commissioner of mental retardation and
developmental disabilities, as appropriate; the case review  panel;  and
the  attorney  general  pursuant  to section 10.05 of the mental hygiene
law.

S 725.20 Record of certain actions removed.
  1.  The provisions of this section shall apply in any case where an
order of removal to the family court is entered pursuant to a direction
authorized by subdivision four of section 180.75, or section 210.43, or
subparagraph (iii) of paragraph (h) of subdivision five of section
220.10 of this chapter, or section 330.25 of this chapter.
  2.  When such an action is removed the court that directed the removal
must cause the following additional records to be filed with the clerk
of the county court or in the city of New York with the clerk of the
supreme court of the county wherein the action was pending and with the
division of criminal justice services:
  (a) A certified copy of the order of removal;
  (b) Where the direction is one authorized by subdivision four of
section 180.75 of this chapter, a copy of the statement of the district
attorney made pursuant to paragraph (b) of subdivision six of section
180.75 of this chapter;
  (c)  Where the direction is authorized by section 180.75, a copy of
the portion of the minutes containing the statement by the court
pursuant to paragraph (a) of subdivision six of such section 180.75;
  (d) Where the direction is one authorized by subparagraph (iii) of
paragraph (h) of subdivision five of section 220.10 or section 330.25 of
this chapter, a copy of the minutes of the plea of guilty, including the
minutes of the memorandum submitted by the district attorney and the
court;
  (e)  Where the direction is one authorized by subdivision one of
section 210.43 of this chapter, a copy of that portion of the minutes
containing the statement by the court pursuant to paragraph (a) of
subdivision five of section 210.43;
  (f)  Where the direction is one authorized by paragraph (b) of
subdivision one of section 210.43 of this chapter, a copy of that
portion of the minutes containing the statement of the district attorney
made pursuant to paragraph (b) of subdivision five of section 210.43;
and
  (g)  In addition to the records specified in this subdivision, such
further statement or submission of additional information pertaining to
the proceeding in criminal court in accordance with standards
established by the commissioner of the division of criminal justice
services, subject to the provisions of subdivision three of this
section.
  3.  It shall be the duty of said clerk to maintain a separate file for
copies of orders and minutes filed pursuant to this section.   Upon
receipt of such orders and minutes the clerk must promptly delete such
portions as would identify the defendant, but the clerk shall
nevertheless maintain a separate confidential system to enable
correlation of the documents so filed with identification of the
defendant.  After making such deletions the orders and minutes shall be
placed within the file and must be available for public inspection.
Information permitting correlation of any such record with the identity
of any defendant shall not be divulged to any person except upon order
of a justice of the supreme court based upon a finding that the public
interest or the interests of justice warrant disclosure in a particular
cause for a particular case or for a particular purpose or use.

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