New York statute
N.Y. Criminal Procedure Law § 230.40 — Removal of action; determinations and rulings before and after removal; by which courts made
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 230: Removal of Action, New York Criminal Procedure Law.
Full text of N.Y. Criminal Procedure Law § 230.40
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
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.
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