New York statute
N.Y. Criminal Procedure Law § 310.85 — Verdict of guilty where defendant not criminally responsible
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 310: Jury Trial--deliberation and Verdict of Jury, New York Criminal Procedure Law.
Full text of N.Y. Criminal Procedure Law § 310.85
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.
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.
Official sources
Legal terms used in this section
This reference is informational and is not legal advice.