Q: Can a criminal case be transferred to another court branch due to hearing delays in New York?

A: I understand your concern about delays in your husband’s criminal case, especially given the impact that repeated postponements can have on defendants and their families. In New York, however, transferring a criminal case from one court branch to another due to scheduling concerns or judicial unavailability is not a simple or common procedure.

Generally, a criminal case is assigned to a specific courthouse and part (or branch) based on the county, the nature of the offense, and administrative rules. Cases are not easily transferred to different branches simply to expedite proceedings, particularly if the current court is otherwise handling the matter within legal timelines.

In your husband's case, it appears the hearing was adjourned due to the assigned judge being on medical leave. While this can understandably cause inconvenience, if it is the first adjournment in the case, the court is likely still within a reasonable timeframe under the law. In felony cases, the defendant has a right to a speedy trial under both New York’s Criminal Procedure Law (CPL § 30.30) and the U.S. Constitution. For most felonies, the prosecution must be ready for trial within six months of the arraignment, not including certain periods of delay that are excluded from this calculation. For misdemeanors, the time limits are shorter—90 days for Class A misdemeanors and 60 days for Class B misdemeanors.

If delays become excessive or the court fails to act within the applicable statutory time limits, the defense can file a motion to dismiss the case based on a speedy trial violation under CPL § 30.30. However, a single postponement due to a judge’s medical leave would almost certainly be considered an excusable delay and not counted against the prosecution.

Transferring the case to another judge or part would require administrative approval, and it is typically only done if there is a conflict of interest, demonstrated judicial bias, or a significant procedural reason. Mere dissatisfaction with delays is not usually sufficient grounds to request a transfer. However, your husband’s attorney can raise concerns with the court or request reassignment if future delays persist and become unreasonable.

This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified criminal defense attorney licensed in New York.

A: It’s possible to request a transfer of the case to another court branch in New York, but this is not something that typically happens automatically. If the delays are due to the judge's leave or the court branch's issues with timely hearings, your lawyer can file a motion to have the case moved to a different branch. However, such a request would need to be justified, and the court would have to approve it based on factors like efficiency and fairness.

Since this is the first postponement in your husband's case, the court might be willing to accommodate a request for a transfer if delays continue to be an issue. It’s important to discuss this option with your lawyer, who can evaluate whether this is the best strategy for expediting the proceedings. Your lawyer will be able to file the appropriate motions and argue for the transfer if it’s in your best interest.

If the case is not transferred, your lawyer can still work to minimize delays by pushing for a firm hearing schedule or seeking other ways to move the case forward more efficiently.