N.Y. Criminal Procedure Law Section 725.10
Removal of action


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.


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.

Source: Section 725.10 — Removal of action, https://www.­nysenate.­gov/legislation/laws/CPL/725.­10 (updated Jan. 7, 2022; accessed Dec. 2, 2023).

Dec. 2, 2023

Last modified:
Jan. 7, 2022

§ 725.10’s source at nysenate​.gov

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