725.20 – Record of Certain Actions Removed.
§ 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 article 722 of this title, or subparagraph (iii) of paragraph (g) of subdivision five of section 220.10 of this chapter, […]
730.10 – Fitness to Proceed; Definitions.
§ 730.10 Fitness to proceed; definitions. As used in this article, the following terms have the following meanings: 1. “Incapacitated person” means a defendant who as a result of mental disease or defect lacks capacity to understand the proceedings against him or to assist in his own defense. 2. “Order of examination” means an order […]
730.20 – Fitness to Proceed; Generally.
§ 730.20 Fitness to proceed; generally. 1. The appropriate director to whom a criminal court issues an order of examination must be determined in accordance with rules jointly adopted by the judicial conference and the commissioner. Upon receipt of an examination order, the director must designate two qualified psychiatric examiners, of whom he may be […]
730.30 – Fitness to Proceed; Order of Examination.
§ 730.30 Fitness to proceed; order of examination. 1. At any time after a defendant is arraigned upon an accusatory instrument other than a felony complaint and before the imposition of sentence, or at any time after a defendant is arraigned upon a felony complaint and before he is held for the action of the […]
722.21 – Proceedings Upon Felony Complaint; Adolescent Offender.
§ 722.21 Proceedings upon felony complaint; adolescent offender. 1. When an adolescent offender is arraigned before a youth part, the provisions of this section shall apply. If the youth part is not in session, the defendant shall be brought before the most accessible magistrate designated by the appellate division of the supreme court to act […]
722.22 – Motion to Remove Juvenile Offender to Family Court.
§ 722.22 Motion to remove juvenile offender to family court. 1. After a motion by a juvenile offender, pursuant to subdivision five of section 722.20 of this article, or after arraignment of a juvenile offender upon an indictment, the court may, on motion of any party or on its own motion: (a) except as otherwise […]
720.15 – Youthful Offender Procedure; Sealing of Accusatory Instrument; Privacy of Proceedings; Preliminary Instructions to Jury.
§ 720.15 Youthful offender procedure; sealing of accusatory instrument; privacy of proceedings; preliminary instructions to jury. 1. When an accusatory instrument against an apparently eligible youth is filed with a court, it shall be filed as a sealed instrument, though only with respect to the public. 2. When a youth is initially arraigned upon an […]
720.20 – Youthful Offender Determination; When and How Made; Procedure Thereupon.
§ 720.20 Youthful offender determination; when and how made; procedure thereupon. 1. Upon conviction of an eligible youth, the court must order a pre-sentence investigation of the defendant. After receipt of a written report of the investigation and at the time of pronouncing sentence the court must determine whether or not the eligible youth is […]
720.25 – Youthful Offender Adjudication; Certain Exemptions.
§ 720.25 Youthful offender adjudication; certain exemptions. Notwithstanding any inconsistent provisions of law: 1. where the court is required to find that a person is a youthful offender pursuant to section 170.80 of this chapter, the fact that such person has previously been convicted of a crime or adjudicated a youthful offender shall not prevent […]
720.30 – Youthful Offender Adjudication; Post-Judgment Motions and Appeal.
§ 720.30 Youthful offender adjudication; post-judgment motions and appeal. The provisions of this chapter, governing the making and determination of post-judgment motions and the taking and determination of appeals in criminal cases, apply to post-judgment motions and appeals with respect to youthful offender adjudications wherever such provisions can reasonably be so applied.