2006 New York Code - Grand Jury; Direction To File Request For Removal To Family Court.

 
  §  190.71  Grand  jury;  direction to file request for removal to family
               court.
    (a) Except as provided in subdivision six of section  200.20  of  this
  chapter,  a grand jury may not indict (i) a person thirteen years of age
  for any conduct or crime other than conduct constituting a crime defined
  in subdivisions one and two of section  125.25  (murder  in  the  second
  degree);  (ii) a person fourteen or fifteen years of age for any conduct
  or crime other than conduct constituting a crime defined in subdivisions
  one and two of section 125.25 (murder  in  the  second  degree)  and  in
  subdivision three of such section provided that the underlying crime for
  the   murder   charge  is  one  for  which  such  person  is  criminally
  responsible; 135.25 (kidnapping in the first degree); 150.20  (arson  in
  the  first  degree); subdivisions one and two of section 120.10 (assault
  in the  first  degree);  125.20  (manslaughter  in  the  first  degree);
  subdivisions  one  and two of section 130.35 (rape in the first degree);
  subdivisions one and two of section 130.50 (criminal sexual act  in  the
  first  degree);  130.70  (aggravated  sexual abuse in the first degree);
  140.30 (burglary in the first degree); subdivision one of section 140.25
  (burglary in the second degree); 150.15 (arson in  the  second  degree);
  160.15  (robbery in the first degree); subdivision two of section 160.10
  (robbery in the second degree) of the penal  law;  subdivision  four  of
  section  265.02  of  the  penal  law, where such firearm is possessed on
  school grounds, as that phrase is defined  in  subdivision  fourteen  of
  section  220.00  of  the  penal law; or section 265.03 of the penal law,
  where such machine gun or such firearm is possessed on  school  grounds,
  as  that  phrase is defined in subdivision fourteen of section 220.00 of
  the penal law; or defined in the penal  law  as  an  attempt  to  commit
  murder in the second degree or kidnapping in the first degree.
    (b)  A grand jury may vote to file a request to remove a charge to the
  family  court  if  it  finds that a person thirteen, fourteen or fifteen
  years of age did an act which, if done by  a  person  over  the  age  of
  sixteen, would constitute a crime provided (1) such act is one for which
  it  may  not indict; (2) it does not indict such person for a crime; and
  (3) the evidence before it is legally sufficient to establish that  such
  person  did  such  act  and  competent and admissible evidence before it
  provides reasonable cause to believe that such person did such act.
    (c)  Upon voting to remove a charge to the family  court  pursuant  to
  subdivision  (b)  of  this  section,  the  grand  jury must, through its
  foreman or acting foreman, file a request to transfer such charge to the
  family court.  Such request shall be filed with the court  by  which  it
  was  impaneled.   It must (1) allege that a person named therein did any
  act which, if done by a person over the age of sixteen, would constitute
  a crime; (2) specify the act and the time and place of  its  commission;
  and (3) be signed by the foreman or the acting foreman.
    (d)    Upon  the  filing  of  such grand jury request, the court must,
  unless such request is improper or insufficient on its  face,  issue  an
  order  approving  such  request and direct that the charge be removed to
  the family court in accordance with  the  provisions  of  article  seven
  hundred twenty-five of this chapter.