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N.Y. CPL Law § 310.85

This is the official text of N.Y. CPL Law § 310.85, part of New York’s CPL Law — part of the compiled statutory law of New York, published by the state as "CPL Law." Browse the sections below, each linked to its official government source.

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Verdict of guilty where defendant not criminally responsible

Official statutory text

§ 310.85 Verdict of guilty where defendant not criminally responsible.\n 1. Where a verdict of guilty is rendered with respect to a crime, but\nthe defendant is not criminally responsible for such crime by reason of\ninfancy, the court shall proceed as provided in this section.\n 2. If a verdict of guilty also is rendered with respect to a crime\nfor which the defendant is criminally responsible, or if the defendant\nis awaiting sentence upon another criminal conviction or is under a\nsentence of imprisonment on another criminal conviction, the verdict\nrendered with respect to a crime for which he is not criminally\nresponsible must be set aside and shall be deemed a nullity.\n 3. In any case where the verdict is not set aside pursuant to\nsubdivision two of this section, the court must order that the verdict\nbe deemed vacated and replaced by a juvenile delinquency fact\ndetermination. Upon so ordering, the court must direct that the action\nbe removed to the family court in accordance with the provisions of\narticle seven hundred twenty-five of this chapter.\n

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.