Statute · New York Criminal Procedure Law

N.Y. Crim. Proc. Law § 310.85 — Verdict of guilty where defendant not criminally responsible

N.Y. Crim. Proc. Law § 310.85

Type
Statute
Source
New York Criminal Procedure Law
Jurisdiction
New York
Current through
Nov 5, 2026 (NY Senate Open Legislation)

§ 310.85 Verdict of guilty where defendant not criminally responsible.

Citator

N.Y. Crim. Proc. Law § 310.85 — Verdict of guilty where defendant not criminally responsible is in force in the current edition of the Code, and nothing recorded condemns it.

§ 310.85 Verdict of guilty where defendant not criminally responsible.

1. Where a verdict of guilty is rendered with respect to a crime, but the defendant is not criminally responsible for such crime by reason of infancy, the court shall proceed as provided in this section.

2. If a verdict of guilty also is rendered with respect to a crime for which the defendant is criminally responsible, or if the defendant is awaiting sentence upon another criminal conviction or is under a sentence of imprisonment on another criminal conviction, the verdict rendered with respect to a crime for which he is not criminally responsible must be set aside and shall be deemed a nullity.

3. In any case where the verdict is not set aside pursuant to subdivision two of this section, the court must order that the verdict be deemed vacated and replaced by a juvenile delinquency fact determination. Upon so ordering, the court must direct that the action be removed to the family court in accordance with the provisions of article seven hundred twenty-five of this chapter.