22 CRR-NY 147.4NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 22. JUDICIARY
SUBTITLE A. JUDICIAL ADMINISTRATION
CHAPTER I. STANDARDS AND ADMINISTRATIVE POLICIES
SUBCHAPTER C. RULES OF THE CHIEF ADMINISTRATOR OF THE COURTS
PART 147. SUPERIOR COURT SEX OFFENSE PARTS
22 CRR-NY 147.4
22 CRR-NY 147.4
147.4 Transfer of cases to Superior Court sex offense part.
(a) Transfer of cases pending in local criminal courts.
Where a sex offense part-eligible case is pending in a court other than the Supreme Court or County Court in such county in which the sex offense part is established:
(1) Originals or copies of papers and other documents filed in such court in connection with such case shall be sent to the sex offense part directly following its identification as sex offense part-eligible.
(2) Not later than five days following receipt in a sex offense part of the papers and other documents in a sex offense part-eligible case, the justice or judge presiding in such part shall determine whether or not a transfer of the case to the Supreme Court or County Court where the sex offense part is established would promote the administration of justice. If the justice or judge presiding in such Part determines that it would, he or she may order such transfer, in which event the case shall be referred for disposition to the sex offense part; all original papers, if not already sent, shall be sent from the originating court to the sex offense part; and all further proceedings shall be conducted therein. If the justice or judge determines that such a transfer would not promote the administration of justice, he or she shall notify the local criminal court from which the reference was received of such determination and cause all original papers and other documents in the case to be returned to the court from which they were received, whereupon all further proceedings in such case shall be conducted in accordance with law.
(3) Notwithstanding the provisions of paragraphs (1) and (2) of this subdivision, where the defendant in a case is held by the local criminal court for the action of a grand jury empaneled by a Supreme Court or a County Court, only copies of the papers and other documents filed with such court shall be delivered to the sex offense part; and the justice or judge presiding therein may at any time order a transfer of the case to the Supreme Court or County Court where the sex offense part is established provided he or she determines that such a transfer would promote the administration of justice. The original papers and other documents filed with the local criminal court shall be delivered to the Supreme Court or County Court as required by section 180.30(1) of the Criminal Procedure Law.
(b) Where a sex offense part-eligible case is pending in the Supreme Court or County Court where the sex offense part is established, it shall be referred for disposition to the sex offense part of such court and all further proceedings shall be conducted therein.
22 CRR-NY 147.4
Current through December 31, 2020
End of Document