Section 170.15. Removal of action from one local criminal court to another  


Latest version.
  • 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.