New York statute
N.Y. Criminal Procedure Law § 230.30 — Removal of action; stay of trial pending motion therefor
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 § 230.30
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.
230.30 Removal of action; stay of trial pending motion therefor.
1. At any time when a timely motion for removal of an action from the
county court to the supreme court or for a change of venue may be made
pursuant to section 230.20, a justice holding a term of the supreme
court in the district in which the indictment is pending, or a justice
of the appellate division of the department in which the indictment is
pending, upon application of either the defendant or the people, may, in
his discretion and for good cause shown, order that the trial of such
indictment be stayed for a designated period, not to exceed thirty days
from the issuance of such order, to allow the applicant party to make a
motion in the appropriate court for removal of the action from a county
court to the supreme court or for a change of venue.
2. Such an order may be issued only upon an application made in
writing and after reasonable notice and opportunity to be heard has been
accorded the other party.
3. Upon issuing the order, the supreme court justice or appellate
division justice must cause the order to be filed with the clerk of the
court in which the indictment is pending. Thereafter, no further
proceedings may be had in such court until a motion for removal or
change of venue, as the case may be, if made within the designated
period, has been determined, or until such designated period has expired
without any such motion having been made.
4. When such an application for a stay has been made to and denied by
a justice of the supreme court or a justice of the appellate division, a
second such application may not be made to any other such justice.
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