Section 330.25. Removal after verdict

1.    Where  a  defendant  is  a  juvenile offender who does not stand
  convicted of murder in the second  degree,  upon  motion  and  with  the
  consent  of  the  district  attorney,  the  action may be removed to the
  family court in the interests  of  justice  pursuant  to  article  seven
  hundred twenty-five of this chapter notwithstanding the verdict.
    2.    If  the  district  attorney  consents  to the motion for removal
  pursuant to this section, he shall file a subscribed memorandum with the
  court setting forth (1) a recommendation that the interests  of  justice
  would  best  be served by removal of the action to the family court; and
  (2) if the conviction is of an offense set forth  in  paragraph  (b)  of
  subdivision one of section 210.43 of this chapter, specific factors, one
  or  more  of  which  reasonably support the recommendation, showing, (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,  that  the  defendant's  participation  was
  relatively minor although not so minor as to  constitute  a  defense  to
  prosecution,  or  (iii)  where  the  juvenile  offender  has no previous
  adjudications of having committed a designated felony act, as defined in
  subdivision eight of section 301.2 of the family court  act,  regardless
  of  the  age  of the offender at the time of commission of the act, that
  the criminal act was not part of a pattern of criminal behavior and,  in
  view of the history of the offender, is not likely to be repeated.
    3.    If  the court is of the opinion, based upon the specific factors
  set forth in the district attorney's memorandum, that the  interests  of
  justice  would  best  be  served  by removal of the action to the family
  court, the verdict shall be set aside and a plea of guilty of a crime or
  act for which the defendant is not criminally responsible may be entered
  pursuant to subdivision three or four of section 220.10 of this chapter.
  Upon accepting any such plea, the court must specify upon the record the
  portion or portions of the district attorney's statement  the  court  is
  relying  upon  as  the  basis  of  its  opinion and that it believes the
  interests of justice would best be served by removal of  the  proceeding
  to  the  family court.   Such plea shall then be deemed to be a juvenile
  delinquency fact determination and the court  upon  entry  thereof  must
  direct that the action be removed to the family court in accordance with
  the provisions of article seven hundred twenty-five of this chapter.