CPL § 725.10

Removal of action

§ 725.10 Removal of action.

1. Unless the defendant is an adolescent offender who has been directed to appear at the family court intake office of the county department of probation for adjustment consideration in accordance with subdivision seven of section 725.05 of this article, when an order of removal is filed with the family court, a proceeding pursuant to article three of the family court act must be originated. The family court thereupon must assume jurisdiction and proceed to render such judgment as the circumstances require, in the manner and to the extent provided by law.

2. Upon the filing of an order of removal in a criminal court the criminal action upon which the order is based shall be terminated, and there shall be no further criminal proceedings in any criminal court as defined in section 10.10 of this chapter with respect to the offense or offenses charged in the accusatory instrument which was the subject of removal. All further proceedings including motions and appeals shall be in accordance with laws appertaining to the family court and for this purpose all findings, determinations, verdicts and orders other than the order of removal, shall be deemed to have been made by the family court.

Official sourcehttps://www.nysenate.gov/legislation/laws/CPL/725.10

In plain English

1. Unless the defendant is an adolescent offender directed to probation intake for adjustment (per § 725.05(7)), when the order of removal is filed with Family Court, a Family Court Act Article 3 proceeding must be originated, and the Family Court assumes jurisdiction and proceeds to judgment as the circumstances require. ★

2. Upon filing the order in a criminal court, the criminal action is terminated — no further criminal proceedings in any criminal court on the offense(s) that were removed. All further proceedings (motions, appeals) follow Family Court law, and all findings/determinations/verdicts/orders other than the order of removal are deemed made by the Family Court. ★

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.

In print

This provision appears in Volume 3 — The JG-22 Criminal Procedure Law and in Volume 1 — The JG-22 in Plain English.