Section 230.30. Removal of action; stay of trial pending motion therefor  


Latest version.
  • 1.  At any time when a timely motion for removal of an action from the
      county  court  to the supreme court or for a change of venue may be made
      pursuant to section 230.20, a justice holding  a  term  of  the  supreme
      court  in  the district in which the indictment is pending, or a justice
      of the appellate division of the department in which the  indictment  is
      pending, upon application of either the defendant or the people, may, in
      his  discretion  and  for good cause shown, order that the trial of such
      indictment be stayed for a designated period, not to exceed thirty  days
      from  the issuance of such order, to allow the applicant party to make a
      motion in the appropriate court for removal of the action from a  county
      court to the supreme court or for a change of venue.
        2.    Such  an  order  may  be issued only upon an application made in
      writing and after reasonable notice and opportunity to be heard has been
      accorded the other party.
        3.  Upon issuing the order, the supreme  court  justice  or  appellate
      division  justice must cause the order to be filed with the clerk of the
      court in which the  indictment  is  pending.    Thereafter,  no  further
      proceedings  may  be  had  in  such  court until a motion for removal or
      change of venue, as the case may  be,  if  made  within  the  designated
      period, has been determined, or until such designated period has expired
      without any such motion having been made.
        4.  When such an application for a stay has been made to and denied by
      a justice of the supreme court or a justice of the appellate division, a
      second such application may not be made to any other such justice.