New York Law (NYLE) Practice Exam

If a defendant is indicted while a case is being presented in town court, what will happen to the case?

1. Will stay in the town court.

2. Will be transferred to County Court.

3. Will be transferred to the Court of Appeals.

4. Will be transferred to City Court.

The correct answer is: Will be transferred to County Court.

When a defendant is indicted, it signifies that a grand jury has formally charged them with a crime. In New York, the indictment typically indicates a more serious level of prosecution and a transition to a higher court structure. Specifically, felonies are prosecuted in County Court, whereas town courts generally handle lesser offenses, such as misdemeanors or violations. Under New York law, once an indictment is issued, the case does not remain in the town court, as it can no longer handle felony prosecutions, which is the nature of the charges arising from an indictment. The case is therefore transferred to County Court, where it will be processed and adjudicated at the appropriate level for the serious charges brought against the defendant. This ensures that the case is handled by a court equipped to deal with the complexities and legal implications of the felony charges. The other options reflect venues that are not suitable for handling cases that have been escalated due to an indictment, as Town Courts, City Courts, and the Court of Appeals do not serve as the proper jurisdictions for such serious criminal matters.