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

  1. It will be dismissed

  2. It will be transferred to County Court

  3. It will stay in town court until resolved

  4. It will be moved to the Federal Court

The correct answer is: It will be transferred to County Court

In New York, if a defendant is indicted while a case is currently being heard in a town court, the case is transferred to County Court. An indictment signifies that a grand jury has officially charged the defendant with a crime, typically a felony. Town courts generally handle lesser offenses or violations, and once a felony indictment is issued, jurisdiction shifts to the County Court, which is the appropriate venue for handling felony charges. This process ensures that serious criminal matters are adjudicated in the correct court that has the authority and resources to handle felony cases. The transfer reflects the legal distinction between the types of courts in New York and maintains the integrity of the judicial system by ensuring that cases are heard in the appropriate forum based on their severity.