N.Y. FCT Law § 320.6

§ 320.6. The initial appearance; referral to the probation service. 1.\nIf the petition alleges the commission of a designated felony act or the\ncommission of a crime enumerated in subdivision four of section 308.1,\nthe probation service shall make a recommendation to the court at the\ninitial appearance regarding the suitability of adjusting the case\npursuant to section 308.1.\n 2. At the initial appearance or at any subsequent appearance, the\ncourt may refer a case to the probation service for adjustment services.\nThe probation service shall consider the views of the complainant and\nthe impact of the alleged act or acts of juvenile delinquency upon the\ncomplainant and upon the community in determining whether adjustment\nunder this section would be suitable. In the case of a designated felony\npetition, the consent of the presentment agency shall be required to\nrefer a case to the probation service for adjustment services. Where an\norder of fact-finding that includes solely a violation as defined in\nsubdivision three of section 10.00 of the penal law committed by a\njuvenile sixteen years of age or, commencing on October first, two\nthousand nineteen, seventeen years of age, has been entered pursuant to\nsection 345.1 of this article, there shall be a rebuttable presumption\nthat the court shall refer the case to the probation service for\nadjustment services in accordance with this subdivision, dismiss the\ncase pursuant to subdivision two of section 352.1 of this article or\nadjourn the case in contemplation of dismissal pursuant to section 315.3\nof this article.\n 3. If the court refers a case to the probation service pursuant to\nthis section and the probation service adjusts the case, the petition\nshall be dismissed.\n 4. If such case is referred to the probation service, the provisions\nof section 308.1, except subdivision thirteen thereof, shall apply.\n