1. Where a verdict of guilty is rendered with respect to a crime, but
the defendant is not criminally responsible for such crime by reason of
infancy, the court shall proceed as provided in this section.
2. If a verdict of guilty also is rendered with respect to a crime
for which the defendant is criminally responsible, or if the defendant
is awaiting sentence upon another criminal conviction or is under a
sentence of imprisonment on another criminal conviction, the verdict
rendered with respect to a crime for which he is not criminally
responsible must be set aside and shall be deemed a nullity.
3. In any case where the verdict is not set aside pursuant to
subdivision two of this section, the court must order that the verdict
be deemed vacated and replaced by a juvenile delinquency fact
determination. Upon so ordering, the court must direct that the action
be removed to the family court in accordance with the provisions of
article seven hundred twenty-five of this chapter.
Structure New York Laws
Part 2 - The Principal Proceedings
Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence
Article 310 - Jury Trial--Deliberation and Verdict of Jury
310.10 - Jury Deliberation; Requirement Of; Where Conducted.
310.20 - Jury Deliberation; Use of Exhibits and Other Material.
310.30 - Jury Deliberation; Request for Information.
310.40 - Verdict; Rendition Thereof.
310.50 - Verdict; Form; Reconsideration of Defective Verdict.
310.60 - Discharge of Jury Before Rendition of Verdict and Effect Thereof.
310.70 - Rendition of Partial Verdict and Effect Thereof.
310.80 - Recording and Checking of Verdict and Polling of Jury.
310.85 - Verdict of Guilty Where Defendant Not Criminally Responsible.