2012 New York Consolidated Laws
CPL - Criminal Procedure
Part 2 - THE PRINCIPAL PROCEEDINGS
Title H - PRELIMINARY PROCEEDINGS IN LOCAL CRIMINAL COURT
Article 170 - (170.10 - 170.70) PROCEEDINGS UPON INFORMATION, SIMPLIFIED TRAFFIC INFORMATION, PROSECUTOR'S INFORMATION AND MISDEMEANOR COMPLAINT FROM ARRAIGNMENT TO PLEA
170.15 - Removal of action from one local criminal court to another.

 
  § 170.15  Removal of action from one local criminal court to another.
    Under  circumstances  prescribed  in  this  section, a criminal action
  based upon an information,  a  simplified  information,  a  prosecutor's
  information  or  a  misdemeanor  complaint may be removed from one local
  criminal court to another:
    1.  When a defendant arrested by a police officer for an offense other
  than a felony, allegedly committed in a city  or  town,  has,  owing  to
  special  circumstances  and pursuant to law, not been brought before the
  particular local criminal court which by reason of  the  situs  of  such
  offense  has  trial  jurisdiction  thereof, but, instead, before a local
  criminal court which does  not  have  trial  jurisdiction  thereof,  and
  therein  stands  charged  with  such  offense by information, simplified
  information or misdemeanor complaint, such  local  criminal  court  must
  arraign  him  upon such accusatory instrument.  If the defendant desires
  to  enter  a  plea  of  guilty  thereto   immediately   following   such
  arraignment, such local criminal court must permit him to do so and must
  thereafter conduct the action to judgment.  Otherwise, it must remit the
  action,  together  with all pertinent papers and documents, to the local
  criminal court which has trial  jurisdiction  of  the  action,  and  the
  latter  court  must  then conduct such action to judgment or other final
  disposition.
    2.  When a defendant arrested by a police officer for an offense other
  than a felony has been brought before a superior court judge sitting  as
  a  local  criminal court for arraignment upon an information, simplified
  information or misdemeanor complaint charging such offense,  such  judge
  must,  as  a  local  criminal  court,  arraign  the  defendant upon such
  accusatory instrument.  Such judge must then remit the action,  together
  with  all  pertinent  papers  and  documents,  to a local criminal court
  having trial jurisdiction thereof.  The latter court must  then  conduct
  such action to judgment or other final disposition.
    3.   At any time within the period provided by section 255.20, where a
  defendant is arraigned upon an information, a simplified information,  a
  prosecutor's  information  or  a misdemeanor complaint pending in a city
  court, town court or a village court having trial jurisdiction  thereof,
  a judge of the county court of the county in which such city court, town
  court  or  village court is located may, upon motion of the defendant or
  the people, order that the action be transferred  for  disposition  from
  the  court  in  which  the matter is pending to another designated local
  criminal court of the county, upon the ground that  disposition  thereof
  within  a  reasonable  time in the court from which removal is sought is
  unlikely owing to:
    (a)  Death, disability or other incapacity or disqualification of  all
  of the judges of such court; or
    (b)    Inability  of such court to form a jury in a case, in which the
  defendant is entitled to and has requested a jury trial.
    4. Notwithstanding any provision of this section to the  contrary,  in
  any  county  outside  a city having a population of one million or more,
  upon or after arraignment of a defendant on an information, a simplified
  information, a  prosecutor's  information  or  a  misdemeanor  complaint
  pending  in  a  local criminal court, such court may, upon motion of the
  defendant and with the consent of the district attorney, order that  the
  action  be  removed  from  the  court  in which the matter is pending to
  another  local  criminal  court  in  the  same  county  which  has  been
  designated  a  drug  court by the chief administrator of the courts, and
  such drug court may then conduct such action to judgement or other final
  disposition; provided, however, that an order of  removal  issued  under
  this  subdivision  shall  not take effect until five days after the date

  the order is issued unless, prior to such effective date, the drug court
  notifies the court that issued the order that:
    (a)  it will not accept the action, in which event the order shall not
  take effect, or
    (b) it will accept the action on a date prior to such effective  date,
  in which event the order shall take effect upon such prior date.
    Upon  providing  notification pursuant to paragraph (a) or (b) of this
  subdivision, the drug court shall promptly give notice to the defendant,
  his or her counsel and the district attorney.