N.Y. Criminal Procedure Law Section 310.85
Verdict of guilty where defendant not criminally responsible

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 725 (Removal of Proceeding Against Juvenile Offender to Family Court)article seven hundred twenty-five of this chapter.

Source: Section 310.85 — Verdict of guilty where defendant not criminally responsible, https://www.­nysenate.­gov/legislation/laws/CPL/310.­85 (updated Sep. 22, 2014; accessed Jun. 21, 2025).

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Verified:
Jun. 21, 2025

Last modified:
Sep. 22, 2014

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