The Bronx district attorney's office said that they would be tried as adults.
The two boys, who have been released to their families since they were charged, may be tried as adults.
At least 44 states have adopted laws since 1992 that allow more children to be tried as adults.
Their lawyers are appealing the decision to try them as adults.
That same year a provision was also made to allow 16-year-olds to be tried as adults in certain cases.
The police said they would seek to have the youths tried as adults.
All individuals 16 years of age or older are tried as adults.
The call has even gone out to try many children as adults.
They will be tried as adults and face life in prison if convicted.
Whether trying young people as adults actually reduces crime is an open question.