§ 170.15 Removal of action from one local criminal court to another.\n Under circumstances prescribed in this section, a criminal action\nbased upon an information, a simplified information, a prosecutor's\ninformation or a misdemeanor complaint may be removed from one local\ncriminal court to another:\n 1. When a defendant arrested by a police officer for an offense other\nthan a felony, allegedly committed in a city or town, has, owing to\nspecial circumstances and pursuant to law, not been brought before the\nparticular local criminal court which by reason of the situs of such\noffense has trial jurisdiction thereof, but, instead, before a local\ncriminal court which does not have trial jurisdiction thereof, and\ntherein stands charged with such offense by information, simplified\ninformation or misdemeanor complaint, such local criminal court must\narraign him upon such accusatory instrument. If the defendant desires\nto enter a plea of guilty thereto immediately following such\narraignment, such local criminal court must permit him to do so and must\nthereafter conduct the action to judgment. Otherwise, it must remit the\naction, together with all pertinent papers and documents, to the local\ncriminal court which has trial jurisdiction of the action, and the\nlatter court must then conduct such action to judgment or other final\ndisposition.\n 2. When a defendant arrested by a police officer for an offense other\nthan a felony has been brought before a superior court judge sitting as\na local criminal court for arraignment upon an information, simplified\ninformation or misdemeanor complaint charging such offense, such judge\nmust, as a local criminal court, arraign the defendant upon such\naccusatory instrument. Such judge must then remit the action, together\nwith all pertinent papers and documents, to a local criminal court\nhaving trial jurisdiction thereof. The latter court must then conduct\nsuch action to judgment or other final disposition.\n 3. At any time within the period provided by section 255.20, where a\ndefendant is arraigned upon an information, a simplified information, a\nprosecutor's information or a misdemeanor complaint pending in a city\ncourt, town court or a village court having trial jurisdiction thereof,\na judge of the county court of the county in which such city court, town\ncourt or village court is located may, upon motion of the defendant or\nthe people, order that the action be transferred for disposition from\nthe court in which the matter is pending to another designated local\ncriminal court of the county, upon the ground that disposition thereof\nwithin a reasonable time in the court from which removal is sought is\nunlikely owing to:\n (a) Death, disability or other incapacity or disqualification of all\nof the judges of such court; or\n (b) Inability of such court to form a jury in a case, in which the\ndefendant is entitled to and has requested a jury trial.\n 4. Notwithstanding any provision of this section to the contrary, in\nany county outside a city having a population of one million or more,\nupon or after arraignment of a defendant on an information, a simplified\ninformation, a prosecutor's information or a misdemeanor complaint\npending in a local criminal court, such court may, upon motion of the\ndefendant and after giving the district attorney an opportunity to be\nheard, order that the action be removed from the court in which the\nmatter is pending to another local criminal court in the same county\nwhich has been designated a court formed to address a matter of special\nconcern based upon the status of the defendant or the victim, commonly\nknown as a "problem solving court," including, but not limited to, drug\ncourt, domestic violence court, youth court, mental health court, and\nveterans court, by the chief administrator of the courts, and such\nproblem solving court may then conduct such action to judgment or other\nfinal disposition; provided, h
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