Section 210.43. Motion to remove juvenile offender to family court

1.    After  a  motion by a juvenile offender, pursuant to subdivision
  five of section 180.75 of  this  chapter,  or  after  arraignment  of  a
  juvenile  offender upon an indictment, the superior court may, on motion
  of any party or on its own motion:
    (a) except as otherwise provided by paragraph (b),  order  removal  of
  the  action  to  the  family court pursuant to the provisions of article
  seven hundred twenty-five of this chapter, if,  after  consideration  of
  the  factors  set  forth  in  subdivision two of this section, the court
  determines that to do so would be in the interests of justice; or
    (b) with the consent of the district attorney,  order  removal  of  an
  action  involving an indictment charging a 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, to
  the  family  court  pursuant  to the provisions of article seven hundred
  twenty-five of this chapter if the  court  finds  one  or  more  of  the
  following  factors: (i) mitigating circumstances that bear directly upon
  the manner in which the crime was committed; (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 the proof of the
  crime, and, after consideration of the factors set forth in  subdivision
  two  of this section, the court determined that removal of the action to
  the family court would be in the interests of justice.
    2.  In making its determination pursuant to subdivision  one  of  this
  section  the court shall, to the extent applicable, examine individually
  and collectively, the following:
    (a)  the seriousness and circumstances of the offense;
    (b)  the extent of harm caused by the offense;
    (c)   the evidence of guilt, whether  admissible  or  inadmissible  at
  trial;
    (d)  the history, character and condition of the defendant;
    (e)   the purpose and effect of imposing upon the defendant a sentence
  authorized for the offense;
    (f)  the impact of a removal of the case to the family  court  on  the
  safety or welfare of the community;
    (g)   the impact of a removal of the case to the family court upon the
  confidence of the public in the criminal justice system;
    (h)   where the court  deems  it  appropriate,  the  attitude  of  the
  complainant or victim with respect to the motion; and
    (i)   any other relevant fact indicating that a judgment of conviction
  in the criminal court would serve no useful purpose.
    3.  The procedure for bringing on a motion pursuant to subdivision one
  of  this  section,  shall  accord  with  the  procedure  prescribed   in
  subdivisions  one  and two of section 210.45 of this article.  After all
  papers of both  parties  have  been  filed  and  after  all  documentary
  evidence,  if  any, has been submitted, the court must consider the same
  for the purpose of determining whether the motion is determinable on the
  motion papers submitted and, if not, may make such inquiry as  it  deems
  necessary for the purpose of making a determination.
    4.    For  the  purpose  of  making  a  determination pursuant to this
  section, 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.

    5. 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.   The  reasons
  shall be stated in detail and not in conclusory terms.