Removal of action; determinations and rulings before and after removal; by which courts made · as in force on May 31, 2026
§ 230.40 Removal of action; determinations and rulings before and after
removal; by which courts made.
Upon any removal of an indictment and action from one superior court to another pursuant to the provisions of this article, determinations and rulings with respect to the action made before such removal are not thereby rendered invalid. All subsequent determinations and rulings must be made by the court to which the action is removed; and such latter court is deemed to have control of the grand jury minutes underlying the indictment for the purpose of determining post-removal motions addressed to the legal sufficiency of the grand jury evidence or the validity of the grand jury proceeding.
When an indictment and case are moved from one superior court to another, the old court's prior decisions remain valid. ★ The new court makes every later ruling and controls the grand-jury minutes when deciding later challenges to the legal sufficiency of the grand-jury evidence or the validity of the grand-jury proceeding.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 1 — The Court Officer in Plain English; Volume 2 — The Court Officer: Criminal Procedure Law; Volume 2 — Your Career: Criminal Procedure in Plain English.