§ 310.85 Verdict of guilty where defendant not criminally responsible.\n 1. Where a verdict of guilty is rendered with respect to a crime, but\nthe defendant is not criminally responsible for such crime by reason of\ninfancy, the court shall proceed as provided in this section.\n 2. If a verdict of guilty also is rendered with respect to a crime\nfor which the defendant is criminally responsible, or if the defendant\nis awaiting sentence upon another criminal conviction or is under a\nsentence of imprisonment on another criminal conviction, the verdict\nrendered with respect to a crime for which he is not criminally\nresponsible must be set aside and shall be deemed a nullity.\n 3. In any case where the verdict is not set aside pursuant to\nsubdivision two of this section, the court must order that the verdict\nbe deemed vacated and replaced by a juvenile delinquency fact\ndetermination. Upon so ordering, the court must direct that the action\nbe removed to the family court in accordance with the provisions of\narticle seven hundred twenty-five of this chapter.\n
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