Section 254-A. Procedure for district attorney presentation  


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  • 1. The county
      attorney and the district attorney of  a  county,  and  the  corporation
      counsel  of the city of New York and the district attorney of any county
      in such city, may enter into an agreement whereby the district  attorney
      shall  present the case in support of the petition in which a designated
      felony act has been alleged.
        2. Where such agreement has been  entered  into,  in  the  case  of  a
      respondent  who  is alleged to have done two or more acts which, if done
      by an adult, would constitute joinable offenses pursuant to  subdivision
      two  of  section  200.20  of  the  criminal  procedure law, the district
      attorney shall present the juvenile delinquency petition with respect to
      all such acts, notwithstanding less than all  of  such  acts  constitute
      designated felony acts.
        3.  Where  such agreement has been entered into, the district attorney
      shall  also  present  petitions  which  have  been  filed  against   all
      respondents  who  are  accused  of  participating,  in  concert,  in the
      commission of a designated felony act, notwithstanding less than all  of
      such  respondents  are charged with having committed a designated felony
      act. Such  petition  shall  be  adjudicated  in  a  single  fact-finding
      hearing, unless the court orders separate fact-finding hearings for good
      cause shown.
        4.  When  presenting  cases  the district attorney shall have the same
      powers under this act as the corporation counsel or county attorney  and
      shall  assist  in  all  stages  of  the proceedings including appeals in
      connection therewith.
        5. Such agreement shall be subject to the approval in the city of  New
      York  of  its  mayor,  and  outside  the  city  of the respective county
      executive, if there be one, otherwise, the board of supervisors.
        6. The district attorney may elect to present the petition  against  a
      respondent,  who  was  the defendant in a criminal proceeding removed to
      the family court pursuant to article seven hundred  twenty-five  of  the
      criminal  procedure  law,  when  a  proceeding  under  article  three is
      commenced as a result of the order of removal.