Where a defendant’s a juvenile offender who doesn’t stand convicted of murder in the second degree, on motion and with the consent of the DA, the action can be removed to the family court in the interests of justice.


If the DA consents to the motion for removal, he or she will file a subscribed memorandum with the court setting forth a recommendation that the interests of justice would best be served by removal of the action to the family court, and if the conviction’s of a certain offense, specific factors, one or more of which reasonably support the recommendation, showing some mitigating circumstances that bear directly on the manner in which the crime was committed, or where the defendant wasn’t the sole participant in the crime, that the defendant’s participation was considered relatively minor although not so minor as to constitute a defense to prosecution, or where the juvenile offender has no previous adjudications of having committed a designated felony act, regardless of the age of the offender at the time of commission of the act, that the criminal act wasn’t part of a pattern of criminal behavior and, in view of the history of the offender, isn’t likely to be repeated.

If the court’s of the opinion, based on the specific factors set forth in the DA’s memorandum, that the interests of justice would best be served by removal of the action to family court, the verdict will be set aside and a plea of guilty of a crime or act that the defendant’s not criminally responsible for can be entered. On accepting any plea like this, the court has to specify on the record the portion/portions of the DA’s statement the court’s relying on as the basis of its opinion and that it believes the interests of justice would best be served by removal of the proceeding to family court. Such a plea will then be deemed to be a juvenile delinquency fact determination, and then the court on entering this must direct that the action be removed to family court.

Legal Grounds for Filing A Motion to Set Aside Verdict
At any time after rendering a verdict of guilty and before the sentence, the court can, on motion of the defendant, set aside or modify the verdict or any part of it on the following grounds: any ground appearing in the record that, if raised on an appeal from a prospective judgment of conviction, would need a reversal or modification of the judgment as a matter of law, and this would have to be done by an appellate court, secondly, that during the trial there occurred, out of the presence of the court, some sort of improper conduct by a juror, or improper conduct by another person in relation to a juror, which might have actually affected a substantial right of the defendant and which wasn’t known to the defendant prior to the rendition of the verdict, or lastly, that new evidence has been discovered since the trial which couldn’t have been produced by the defendant at the trial, even with due diligence on his part, and which is of such character as to actually create a probability that had this evidence been received at the trial, the verdict would’ve been more favorable to the defendant.

Motion to Set Aside Verdict: Order Granting Motion

On setting aside/modifying a verdict or a part of a verdict on grounds specified, the court has to take the same action as the appropriate appellate court would be required to take on reversing or modifying a judgment on the particular ground in issue. On setting aside a verdict on grounds specified, the court has to order a new trial.

While the letter of the law can at times seem complicated or confusing, it doesn’t always have to be. At Joseph Potashnik and Associates, PC, the people always come first. Let our New York City criminal defense attorneys help you, and make the first step by getting in touch with us today. It’ll be the best thing you do today.