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Rules of the Chief Administrative Judge


PART 142. Criminal Division of Supreme Court in Bronx County

 

§142.1. Establishment of a Criminal Division of Supreme Court in Bronx County.

The Chief Administrator of the Courts, following consultation with and agreement of the Presiding Justice of the First Judicial Department, may establish, by administrative order, a Criminal Division of Supreme Court in Bronx County and assign one or more justices to preside therein. Subject to the further limitations prescribed in this part, such Criminal Division shall be devoted to the hearing and determination of all criminal cases commenced in or transferred to the courts sitting in Bronx County provided at least one felony or misdemeanor is charged.

§142.2. Transfer of criminal cases to the Criminal Division of Supreme Court.

Where the Chief Administrator establishes a Criminal Division of Supreme Court in Bronx County pursuant to section 142.1 of this Part:

(a) Each criminal case then pending or thereafter commenced in the Supreme Court in such county, and each criminal case thereafter transferred to Supreme Court in such county from Supreme Court in another county, shall be referred for disposition to such Criminal Division and further proceedings in such case shall be conducted in a part established therein.

(b) All criminal cases then pending or thereafter commenced in the Criminal Court of the City of New York in Bronx County, in which at least one felony or misdemeanor is charged, shall, following arraignment, be transferred therefrom by the Administrative Judge for the Supreme Court in Bronx County to the Supreme Court in such county upon a finding that transfer of these cases would promote the administration of justice, and thereupon such cases shall be referred for disposition to such Criminal Division and further proceedings in such cases shall be conducted in the parts established therein. Provided, however, that no criminal case may be transferred pursuant to this subdivision where such case is returnable in a summons part of the Criminal Court and no felonies or class A misdemeanors are charged therein.

§142.3. Procedure upon transfer of a criminal case hereunder.

Each case transferred from the Criminal Court of the City of New York to the Supreme Court and referred for disposition to the Criminal Division thereof pursuant to section 142.2 of this part shall be subject to the same substantive and procedural law as would have applied to it had it not been transferred.

Added Part 142 on September 21, 2004

Amended 142.3 on Sept 24, 2008 [ Previous Version ]

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