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Section 230.10 – Removal of action; from supreme court to county court and from county court to supreme court; at instance of court

May 14, 2021 | Criminal Procedure, New York

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.

N.Y. Crim. Proc. Law ยง 230.10