Section 725.20. Record of certain actions removed


Latest version.
  • 1.    The  provisions of this section shall apply in any case where an
      order of removal to the family court is entered pursuant to a  direction
      authorized  by subdivision four of section 180.75, or section 210.43, or
      subparagraph (iii) of paragraph  (h)  of  subdivision  five  of  section
      220.10 of this chapter, or section 330.25 of this chapter.
        2.  When such an action is removed the court that directed the removal
      must  cause  the following additional records to be filed with the clerk
      of the county court or in the city of New York with  the  clerk  of  the
      supreme  court of the county wherein the action was pending and with the
      division of criminal justice services:
        (a) A certified copy of the order of removal;
        (b) Where the direction is  one  authorized  by  subdivision  four  of
      section  180.75 of this chapter, a copy of the statement of the district
      attorney made pursuant to paragraph (b) of subdivision  six  of  section
      180.75 of this chapter;
        (c)    Where  the direction is authorized by section 180.75, a copy of
      the portion of  the  minutes  containing  the  statement  by  the  court
      pursuant to paragraph (a) of subdivision six of such section 180.75;
        (d)  Where  the  direction  is one authorized by subparagraph (iii) of
      paragraph (h) of subdivision five of section 220.10 or section 330.25 of
      this chapter, a copy of the minutes of the plea of guilty, including the
      minutes of the memorandum submitted by the  district  attorney  and  the
      court;
        (e)    Where  the  direction  is  one authorized by subdivision one of
      section 210.43 of this chapter, a copy of that portion  of  the  minutes
      containing  the  statement  by  the  court  pursuant to paragraph (a) of
      subdivision five of section 210.43;
        (f)   Where the direction  is  one  authorized  by  paragraph  (b)  of
      subdivision  one  of  section  210.43  of  this  chapter, a copy of that
      portion of the minutes containing the statement of the district attorney
      made pursuant to paragraph (b) of subdivision five  of  section  210.43;
      and
        (g)    In  addition to the records specified in this subdivision, such
      further statement or submission of additional information pertaining  to
      the   proceeding   in   criminal  court  in  accordance  with  standards
      established by the commissioner of  the  division  of  criminal  justice
      services,  subject  to  the  provisions  of  subdivision  three  of this
      section.
        3.  It shall be the duty of said clerk to maintain a separate file for
      copies of orders and minutes filed pursuant to  this  section.      Upon
      receipt  of  such orders and minutes the clerk must promptly delete such
      portions  as  would  identify  the  defendant,  but  the   clerk   shall
      nevertheless   maintain   a   separate  confidential  system  to  enable
      correlation of  the  documents  so  filed  with  identification  of  the
      defendant.   After making such deletions the orders and minutes shall be
      placed within the file and must  be  available  for  public  inspection.
      Information  permitting correlation of any such record with the identity
      of any defendant shall not be divulged to any person except  upon  order
      of  a  justice of the supreme court based upon a finding that the public
      interest or the interests of justice warrant disclosure in a  particular
      cause for a particular case or for a particular purpose or use.