New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle A - JUDICIAL ADMINISTRATION
Chapter I - Standards and Administrative Policies
Subchapter C - Rules Of The Chief Administrator Of The Courts
Part 143 - Superior Courts For Drug Treatment
Section 143.2 - Transfer of cases to Superior Courts for Drug Treatment; how effectuated

(1) A local criminal court in a county in which a Superior Court for Drug Treatment has been established in the Supreme or County Court thereof may, upon motion of the defendant and with the consent of the district attorney, cause copies of papers and other documents filed in such local criminal court in connection with a criminal action or proceeding pending therein to be sent to the Superior Court for Drug Treatment:

(2) Not later than five days following receipt of the papers and other documents, the justice or judge presiding in the Superior Court for Drug Treatment shall determine whether or not a transfer of the action or proceeding to the court would promote the administration of justice. If the justice or judge presiding in the court determines that it would, he or she may order such transfer, in which event the action or proceeding shall be transferred to the Superior Court for Drug Treatment, all originating papers shall then be sent from the originating court to the Superior Court for Drug Treatment, and all further proceedings shall be conducted therein. If the justice or judge determines that a transfer of the action or proceeding would not promote the administration of justice, he or she shall notify the local criminal court from which the reference was received of such determination, whereupon all further proceedings in such action or proceeding shall be conducted in accordance with law.

(1) At any time while a criminal action or proceeding is pending in a superior court in a county in which a Superior Court for Drug Treatment has been established, including a proceeding brought against defendant for the violation of a condition of a sentence of probation or a sentence of conditional discharge, a judge or justice of the court in which the action or proceeding is pending may, upon motion of the defendant and with the consent of the district attorney, cause copies of papers and other documents filed in such court in connection with the action or proceeding to be sent to the judge or justice presiding in the Superior Court for Drug Treatment for review of the appropriateness of the transfer.

(2) Not later than five business days following receipt of the papers and other documents, the judge or justice presiding in the Superior Court for Drug Treatment shall determine whether or not a transfer of the action or proceeding to the court would promote the administration of justice. If such judge or justice determines that it would:

(1) the Superior Court for drug treatment; or

(2) any other part in Superior Court designated as a Drug Treatment Court part by the administrative judge for the judicial district in which the county is located or other part in Superior Court designated to adjudicate such cases by the administrative judge where the judge or justice presiding in the part, by virtue of the structure, caseload and resources of the part and the judge or justice's training, is in the best position to provide effective supervision over cases eligible for judicial diversion. If, following the alcohol and substance abuse evaluation and subsequent proceedings under CPL section 216.05, the defendant does not enter judicial diversion, the case may be adjourned to any part designated by the administrative judge.