New York Laws
Article 170 - Proceedings Upon Information, Simplified Traffic Information, Prosecutor's Information and Misdemeanor Complaint From Arraignment to Plea
170.15 - Removal of Action From One Local Criminal Court to Another.

(a) Death, disability or other incapacity or disqualification of all
of the judges of such court; or
(b) Inability of such court to form a jury in a case, in which the
defendant is entitled to and has requested a jury trial.
4. Notwithstanding any provision of this section to the contrary, in
any county outside a city having a population of one million or more,
upon or after arraignment of a defendant on an information, a simplified
information, a prosecutor's information or a misdemeanor complaint
pending in a local criminal court, such court may, upon motion of the
defendant and after giving the district attorney an opportunity to be
heard, order that the action be removed from the court in which the
matter is pending to another local criminal court in the same county
which has been designated a court formed to address a matter of special
concern based upon the status of the defendant or the victim, commonly
known as a "problem solving court," including, but not limited to, drug
court, domestic violence court, youth court, mental health court, and
veterans court, by the chief administrator of the courts, and such

problem solving court may then conduct such action to judgment or other
final disposition; provided, however, that an order of removal issued
under this subdivision shall not take effect until five days after the
date the order is issued unless, prior to such effective date, the
problem solving court notifies the court that issued the order that:
(a) it will not accept the action, in which event the order shall not
take effect, or
(b) it will accept the action on a date prior to such effective date,
in which event the order shall take effect upon such prior date.
Upon providing notification pursuant to paragraph (a) or (b) of this
subdivision, the problem solving court shall promptly give notice to the
defendant, his or her counsel and the district attorney.
5. (a) Notwithstanding any provision of this section to the contrary,
in any county outside a city having a population of one million or more,
upon or after arraignment of a defendant on an information, a simplified
information, a prosecutor's information or a misdemeanor complaint
pending in a local criminal court, such court may, upon motion of the
defendant and after giving the district attorney an opportunity to be
heard, order that the action be removed from the court in which the
matter is pending to another local criminal court in the same county, or
with consent of the district attorney and the district attorney of the
adjoining county to another court in such adjoining county, that has
been designated as a human trafficking court or veterans treatment court
by the chief administrator of the courts, and such human trafficking
court or veterans treatment court may then conduct such action to
judgment or other final deposition; provided, however, that no court may
order removal pursuant to this subdivision to a veterans treatment court
of a family offense charge described in subdivision one of section
530.11 of this chapter where the accused and the person alleged to be
the victim of such offense charged are members of the same family or
household as defined in such subdivision one of section 530.11; and
provided further that an order of removal issued under this subdivision
shall not take effect until five days after the date the order is issued
unless, prior to such effective date, the human trafficking court or
veterans treatment court notifies the court that issued the order that:
i. it will not accept the action, in which event the order shall not
take effect; or
ii. it will accept the action on a date prior to such effective date,
in which event the order shall take effect upon such prior date.
(b) Upon providing notification pursuant to subparagraph i or ii of
paragraph (a) of this subdivision, the human trafficking court or
veterans treatment court shall promptly give notice to the defendant,
his or her counsel, and the district attorney.