2006 New York Code - Verdict Of Guilty Where Defendant Not Criminally Responsible

 
  § 310.85  Verdict of guilty where defendant not criminally responsible.
    1.  Where a verdict of guilty is rendered with respect to a crime, but
  the  defendant is not criminally responsible for such crime by reason of
  infancy, the court shall proceed as provided in this section.
    2.  If a verdict of guilty also is rendered with respect  to  a  crime
  for  which  the defendant is criminally responsible, or if the defendant
  is awaiting sentence upon another criminal  conviction  or  is  under  a
  sentence  of  imprisonment  on  another criminal conviction, the verdict
  rendered with respect  to  a  crime  for  which  he  is  not  criminally
  responsible must be set aside and shall be deemed a nullity.
    3.    In  any  case  where  the  verdict  is not set aside pursuant to
  subdivision two of this section, the court must order that  the  verdict
  be   deemed   vacated  and  replaced  by  a  juvenile  delinquency  fact
  determination.  Upon so ordering, the court must direct that the  action
  be  removed  to  the  family  court in accordance with the provisions of
  article seven hundred twenty-five of this chapter.