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
170.20 - Divestiture of jurisdiction by indictment; removal of case to superior court at district attorney's instance.


NY Crim Pro L § 170.20 (2012) What's This?
 
  §  170.20  Divestiture of jurisdiction by indictment; removal of case to
          superior court at district attorney's instance.
    1.  If at any time before entry of a plea of guilty to or commencement
  of a trial of a local criminal court accusatory instrument containing  a
  charge  of  misdemeanor,  an indictment charging the defendant with such
  misdemeanor is filed in a superior court, the local  criminal  court  is
  thereby  divested  of  jurisdiction  of  such misdemeanor charge and all
  proceedings therein with respect thereto are terminated.
    2.  At any time before entry of a plea of guilty to or commencement of
  a trial of an accusatory instrument specified in  subdivision  one,  the
  district attorney may apply for an adjournment of the proceedings in the
  local  criminal  court  upon  the  ground that he intends to present the
  misdemeanor  charge  in  question  to  a  grand  jury  with  a  view  to
  prosecuting  it  by  indictment  in a superior court.  In such case, the
  local criminal court must  adjourn  the  proceedings  to  a  date  which
  affords  the  district  attorney  reasonable  opportunity to pursue such
  action, and may subsequently grant such further  adjournments  for  that
  purpose  as  are  reasonable  under  the  circumstances.   Following the
  granting of such adjournment or adjournments, the proceedings must be as
  follows:
    (a)  If such charge is presented to a grand jury within the designated
  period and either an indictment or a dismissal of such  charge  results,
  the  local  criminal  court  is thereby divested of jurisdiction of such
  charge, and all proceedings in the local  criminal  court  with  respect
  thereto are terminated.
    (b)  If the misdemeanor charge is not presented to a grand jury within
  the  designated period, the proceedings in the local criminal court must
  continue.

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