2006 New York Code - Procedure For District Attorney Presentation.



 
    §  254-a.  Procedure for district attorney presentation. 1. The county
  attorney and the district attorney of  a  county,  and  the  corporation
  counsel  of the city of New York and the district attorney of any county
  in such city, may enter into an agreement whereby the district  attorney
  shall  present the case in support of the petition in which a designated
  felony act has been alleged.
    2. Where such agreement has been  entered  into,  in  the  case  of  a
  respondent  who  is alleged to have done two or more acts which, if done
  by an adult, would constitute joinable offenses pursuant to  subdivision
  two  of  section  200.20  of  the  criminal  procedure law, the district
  attorney shall present the juvenile delinquency petition with respect to
  all such acts, notwithstanding less than all  of  such  acts  constitute
  designated felony acts.
    3.  Where  such agreement has been entered into, the district attorney
  shall  also  present  petitions  which  have  been  filed  against   all
  respondents  who  are  accused  of  participating,  in  concert,  in the
  commission of a designated felony act, notwithstanding less than all  of
  such  respondents  are charged with having committed a designated felony
  act. Such  petition  shall  be  adjudicated  in  a  single  fact-finding
  hearing, unless the court orders separate fact-finding hearings for good
  cause shown.
    4.  When  presenting  cases  the district attorney shall have the same
  powers under this act as the corporation counsel or county attorney  and
  shall  assist  in  all  stages  of  the proceedings including appeals in
  connection therewith.
    5. Such agreement shall be subject to the approval in the city of  New
  York  of  its  mayor,  and  outside  the  city  of the respective county
  executive, if there be one, otherwise, the board of supervisors.
    6. The district attorney may elect to present the petition  against  a
  respondent,  who  was  the defendant in a criminal proceeding removed to
  the family court pursuant to article seven hundred  twenty-five  of  the
  criminal  procedure  law,  when  a  proceeding  under  article  three is
  commenced as a result of the order of removal.

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