Section 180.75. Proceedings upon felony complaint; juvenile offender

1.  When  a  juvenile  offender  is  arraigned before a local criminal
  court, the provisions of  this  section  shall  apply  in  lieu  of  the
  provisions of sections 180.30, 180.50 and 180.70 of this article.
    2.  If  the  defendant waives a hearing upon the felony complaint, the
  court must order that the defendant be held for the action of the  grand
  jury  of  the  appropriate  superior court with respect to the charge or
  charges contained in the felony complaint. In such case the  court  must
  promptly   transmit  to  such  superior  court  the  order,  the  felony
  complaint, the supporting depositions and all other pertinent documents.
  Until such papers are received by the  superior  court,  the  action  is
  deemed to be still pending in the local criminal court.
    3.  If  there be a hearing, then at the conclusion of the hearing, the
  court must dispose of the felony complaint as follows:
    (a) If there  is  reasonable  cause  to  believe  that  the  defendant
  committed  a  crime  for  which  a  person  under  the age of sixteen is
  criminally responsible, the court must order that the defendant be  held
  for the action of a grand jury of the appropriate superior court, and it
  must  promptly  transmit  to  such  superior court the order, the felony
  complaint, the supporting depositions and all other pertinent documents.
  Until such papers are received by the  superior  court,  the  action  is
  deemed to be still pending in the local criminal court; or
    (b)  If  there  is  not reasonable cause to believe that the defendant
  committed a crime for which  a  person  under  the  age  of  sixteen  is
  criminally responsible but there is reasonable cause to believe that the
  defendant  is  a  "juvenile delinquent" as defined in subdivision one of
  section 301.2 of the family court act, the court must specify the act or
  acts it found reasonable cause to believe the defendant did  and  direct
  that  the  action  be removed to the family court in accordance with the
  provisions of article seven hundred twenty-five of this chapter; or
    (c) If there is not reasonable cause to  believe  that  the  defendant
  committed  any criminal act, the court must dismiss the felony complaint
  and discharge the defendant from custody if he is in custody, or  if  he
  is at liberty on bail, it must exonerate the bail.
    4.  Notwithstanding  the  provisions  of subdivisions two and three of
  this section, a local criminal  court  shall,  at  the  request  of  the
  district  attorney,  order  removal  of  an  action  against  a juvenile
  offender to the family court pursuant to the provisions of article seven
  hundred twenty-five of  this  chapter  if,  upon  consideration  of  the
  criteria specified in subdivision two of section 210.43 of this chapter,
  it  is  determined  that  to do so would be in the interests of justice.
  Where, however, the felony complaint charges the juvenile offender  with
  murder  in  the  second degree as defined in section 125.25 of the penal
  law, rape in the first degree as defined in subdivision one  of  section
  130.35  of  the  penal  law,  criminal sexual act in the first degree as
  defined in subdivision one of section 130.50 of the  penal  law,  or  an
  armed  felony  as  defined  in paragraph (a) of subdivision forty-one of
  section 1.20 of this  chapter,  a  determination  that  such  action  be
  removed  to the family court shall, in addition, be based upon a finding
  of one or more of the following factors:  (i)  mitigating  circumstances
  that  bear directly upon the manner in which the crime was committed; or
  (ii) where the defendant was not the sole participant in the crime,  the
  defendant's  participation was relatively minor although not so minor as
  to  constitute  a  defense  to  the  prosecution;  or   (iii)   possible
  deficiencies in proof of the crime.
    5.  Notwithstanding the provisions of subdivision two, three, or four,
  if a currently undetermined felony complaint against a juvenile offender
  is pending in a local criminal court, and the defendant has not waived a

  hearing  pursuant  to  subdivision  two  and  a  hearing   pursuant   to
  subdivision  three  has  not  commenced,  the  defendant may move in the
  superior court which  would  exercise  the  trial  jurisdiction  of  the
  offense  or  offenses  charged were an indictment therefor to result, to
  remove the action to family court. The procedural rules of  subdivisions
  one and two of section 210.45 of this chapter are applicable to a motion
  pursuant to this subdivision. Upon such motion, the superior court shall
  be  authorized  to  sit  as  a  local  criminal  court  to  exercise the
  preliminary jurisdiction specified in subdivisions two and three of this
  section, and shall proceed and  determine  the  motion  as  provided  in
  section  210.43  of  this chapter; provided, however, that the exception
  provisions of paragraph (b) of subdivision one of  such  section  210.43
  shall  not  apply when there is not reasonable cause to believe that the
  juvenile offender  committed  one  or  more  of  the  crimes  enumerated
  therein, and in such event the provisions of paragraph (a) thereof shall
  apply.
    6.  (a)  If the court orders removal of the action to family court, it
  shall state  on  the  record  the  factor  or  factors  upon  which  its
  determination is based, and the court shall give its reasons for removal
  in detail and not in conclusory terms.
    (b)  the district attorney shall state upon the record the reasons for
  his consent to removal of the action to  the  family  court  where  such
  consent  is  required.  The reasons shall be stated in detail and not in
  conclusory terms.
    (c) For the purpose of making a determination pursuant to  subdivision
  four or five, the court may make such inquiry as it deems necessary. Any
  evidence  which  is  not  legally  privileged  may be introduced. If the
  defendant testifies, his testimony may not be introduced against him  in
  any  future  proceeding,  except to impeach his testimony at such future
  proceeding as inconsistent prior testimony.
    (d)  Where  a  motion  for  removal  by  the  defendant  pursuant   to
  subdivision  five  has  been  denied, no further motion pursuant to this
  section or section 210.43 of this chapter may be made  by  the  juvenile
  offender with respect to the same offense or offenses.
    (e)  Except  as  provided  by paragraph (f), this section shall not be
  construed to limit the powers of the grand jury.
    (f) Where a motion by the defendant pursuant to subdivision  five  has
  been granted, there shall be no further proceedings against the juvenile
  offender  in  any  local  or  superior criminal court for the offense or
  offenses which were the subject of the removal order.