730.40 – Fitness to Proceed; Local Criminal Court Accusatory Instrument.
§ 730.40 Fitness to proceed; local criminal court accusatory instrument. 1. When a local criminal court, following a hearing conducted pursuant to subdivision three or four of section 730.30 of this article, is satisfied that the defendant is not an incapacitated person, the criminal action against him or her must proceed. If it is satisfied […]
730.50 – Fitness to Proceed; Indictment.
§ 730.50 Fitness to proceed; indictment. 1. When a superior court, following a hearing conducted pursuant to subdivision three or four of section 730.30 of this article, is satisfied that the defendant is not an incapacitated person, the criminal action against him or her must proceed. If it is satisfied that the defendant is an […]
730.60 – Fitness to Proceed; Procedure Following Custody by Commissioner.
§ 730.60 Fitness to proceed; procedure following custody by commissioner. 1. When a local criminal court issues a final or temporary order of observation or an order of commitment, it must forward such order and a copy of the examination reports and the accusatory instrument to the commissioner, and, if available, a copy of the […]
730.70 – Fitness to Proceed; Procedure Following Termination of Custody by Commissioner.
§ 730.70 Fitness to proceed; procedure following termination of custody by commissioner. When a defendant is in the custody of the commissioner on the expiration date of a final or temporary order of observation or an order of commitment, or on the expiration date of the last order of retention, or on the date an […]
722.23 – Removal of Adolescent Offenders to Family Court.
§ 722.23 Removal of adolescent offenders to family court. 1. (a) Following the arraignment of a defendant charged with a crime committed when he or she was sixteen, or commencing October first, two thousand nineteen, seventeen years of age, other than any class A felony except for those defined in article two hundred twenty of […]
722.24 – Applicability of Chapter to Actions and Matters Involving Juvenile Offenders or Adolescent Offenders.
§ 722.24 Applicability of chapter to actions and matters involving juvenile offenders or adolescent offenders. Except where inconsistent with this article, all provisions of this chapter shall apply to all criminal actions and proceedings, and all appeals and post-judgment motions relating or attached thereto, involving a juvenile offender or adolescent offender.
725.00 – Applicability.
§ 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.
725.05 – Order of Removal.
§ 725.05 Order of removal. When a youth part directs that an action or charge is to be removed to the family court the youth part 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 […]
725.10 – Removal of Action.
§ 725.10 Removal of action. 1. Unless the defendant is an adolescent offender who has been directed to appear at the family court intake office of the county department of probation for adjustment consideration in accordance with subdivision seven of section 725.05 of this article, when an order of removal is filed with the family […]
725.15 – Sealing of Records.
§ 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 […]