{"jurisdiction": "us-ny", "code": "cpl", "section": "230.20", "citation": "CPL § 230.20", "heading": "Removal of action; removal from county court to supreme court and change of venue; upon motion of party", "text": ["§ 230.20 Removal of action; removal from county court to supreme court", "and change of venue; upon motion of party.", "1. At any time within the period provided by section 255.20, the appellate division of the department embracing the county, upon motion of either the defendant or the people, may, for good cause shown, order that the indictment and action be removed from the county court to the supreme court at a term held or to be held in the same county.", "2. At any time within the period provided by section 255.20, the appellate division of the department embracing the county in which the superior court is located may, upon motion of either the defendant or the people demonstrating reasonable cause to believe that a fair and impartial trial cannot be had in such county, order either:", "(a) that the indictment and action be removed from such superior court to a designated superior court of or located in another county; or", "(b) that the commissioner of jurors of such county, in consultation with the appropriate administrative judge of the judicial district in which the county is located, expand the pool of jurors to encompass prospective jurors from the jury lists of counties that are within the judicial district in which, and that are geographically contiguous with the county in which, such superior court is located.", "In making such determination the appellate division shall consider, among other factors, the hardship on potential jurors and the potential depletion of a county's qualified juror list that may result from an order expanding the jury pool. An order of removal under paragraph (a) herein must, if the defendant is in custody at the time, include a provision for transfer of custody by the sheriff or other appropriate public servant of the county of confinement to the sheriff or other appropriate public servant of the county to which the action has been removed. If the order is issued upon motion of the people, the appellate division may impose such conditions as it deems equitable and appropriate to insure that the removal does not subject the defendant to an unreasonable burden in making his defense. Any additional cost to the people incurred in complying with the order must be borne by the county from which the action originated.", "3. Any motion made pursuant to this section must be based upon papers stating the grounds therefor, and must be made within the period provided by section 255.20 and upon five days notice thereof together with service of the moving papers upon, as the case may be, (a) the district attorney or (b) either the defendant or his counsel. In any case, the motion must be made returnable either during the appellate division term during which such moving papers are served or during the next term thereof.", "4. If the appellate division grants the motion and orders a removal of the action, a certified copy of such order must be filed with the clerk of the superior court in which the indictment is pending. Such clerk must thereupon transmit such instrument, together with the pertinent papers and proceedings of the action, including all undertakings for appearances of the defendant and of the witnesses, or a certified copy or copies of the same, to the term of the superior court to which the action has been removed. Such latter court must then proceed to conduct the action to judgment or other final disposition."], "official_source": "https://www.nysenate.gov/legislation/laws/CPL/230.20", "from_official_api": true, "plain_english": "The **Appellate Division** may **move an indicted case to Supreme Court or another county, or widen the jury pool**, on a timely motion.\n\n- **(1)** Within the period in **§ 255.20**, on motion of **either the defendant or the People** and **for good cause**, the Appellate Division of the department embracing the county may move the indictment and action from **County Court to Supreme Court** in the same county.\n- **(2)** Within the same period, on either party's motion showing **reasonable cause to believe a fair and impartial trial cannot be had** in the county, it may order **(a)** removal to a designated superior court in **another county**, or **(b)** that the **commissioner of jurors**, consulting the administrative judge, **expand the jury pool** to geographically contiguous counties in the same judicial district. ★ It must weigh, among other factors, **hardship on potential jurors** and **depletion of a county's juror list**. A paragraph (a) order must, **if the defendant is in custody**, provide for **transfer of custody** by the sheriff or other public servant. On the **People's** motion, the court may impose conditions so removal does not unreasonably burden the defense. The People's **additional costs are borne by the county where the action originated**.\n- **(3)** The motion must rest on **papers stating the grounds**, be made within the **§ 255.20** period on **5 days' notice** with service on the district attorney or on the defendant or defense counsel, and be **returnable during the Appellate Division term in which the papers are served or the next term**. ★\n- **(4)** If removal is granted, a **certified copy of the order is filed with the clerk** of the court where the indictment is pending. That clerk **sends the order, papers, proceedings, and appearance undertakings** (or certified copies) to the new court, which conducts the action to final disposition.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cpl/230.20", "publisher": "Elyphived LLC"}