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


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  • 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.