{"jurisdiction": "us-ny", "code": "cpl", "section": "230.10", "citation": "CPL § 230.10", "heading": "Removal of action; from supreme court to county court and from county court to supreme court; at instance of court", "text": ["§ 230.10  Removal of action; from supreme court to county court and from", "county court to supreme court; at instance of court.", "Upon order of an appropriate court or judge, made at its or his own instance pursuant to rules established by the appellate division of the appropriate department, (a) an indictment filed with the supreme court at a term held in a particular county outside of New York City may, prior to entry of a plea of guilty thereto or commencement of a trial thereof, be removed to the county court of such county, and (b) an indictment filed in a county court may similarly be removed to the supreme court at a term held or to be held in the same county.  Each of the appellate divisions of the second, third and fourth departments may establish rules authorizing such removals with respect to the superior courts within its department, and prescribing the courts or judges who may order such removals and other procedural matters involved therein."], "official_source": "https://www.nysenate.gov/legislation/laws/CPL/230.10", "from_official_api": true, "plain_english": "A court may, on its own initiative, move an indictment between Supreme Court and County Court in the same county.\n- An **appropriate court or judge**, acting **at its own instance** under **appellate division rules**, may order removal. ★\n- **(a)** An indictment in **Supreme Court** in a county **outside New York City** may, **before a guilty plea or the start of trial**, be removed to that county's **County Court**. ★\n- **(b)** A **County Court** indictment may similarly be removed to Supreme Court in the same county.\n- The Appellate Divisions of the **Second, Third and Fourth Departments** may make rules authorizing removals, naming the courts or judges who may order them, and setting procedure.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cpl/230.10", "publisher": "Elyphived LLC"}