New York Criminal Procedure Law Section 230.40 - Removal of action; determinations and rulings before and after removal; by which courts made.

230.40  Removal of action; determinations and rulings before and after

removal; by which courts made.

Upon any removal of an indictment and action from one superior court to another pursuant to the provisions of this article, determinations and rulings with respect to the action made before such removal are not thereby rendered invalid. All subsequent determinations and rulings must be made by the court to which the action is removed; and such latter court is deemed to have control of the grand jury minutes underlying the indictment for the purpose of determining post-removal motions addressed to the legal sufficiency of the grand jury evidence or the validity of the grand jury proceeding.


Last modified: February 3, 2019