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This entry was published on 2022-01-07
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SECTION 725.10
Removal of action
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE U, ARTICLE 725
§ 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.