A criminal action is commenced by the filing of an accusatory
instrument with a criminal court, or, in the case of a juvenile offender
or adolescent offender, other than an adolescent offender charged with
only a violation or traffic infraction, the youth part of the superior
court, and if more than one such instrument is filed in the course of
the same criminal action, such action commences when the first of such
instruments is filed. The only way in which a criminal action can be
commenced in a superior court, other than a criminal action against a
juvenile offender or adolescent offender is by the filing therewith by a
grand jury of an indictment against a defendant who has never been held
by a local criminal court for the action of such grand jury with respect
to any charge contained in such indictment. Otherwise, a criminal action
can be commenced only in a local criminal court, by the filing therewith
of a local criminal court accusatory instrument, namely:
1. An information; or
2. A simplified information; or
3. A prosecutor's information; or
4. A misdemeanor complaint; or
5. A felony complaint.
Structure New York Laws
Part 2 - The Principal Proceedings
Title H - Preliminary Proceedings in Local Criminal Court
100.05 - Commencement of Action; in General.
100.07 - Commencement of Action; Effect of Family Court Proceeding.
100.15 - Information, Misdemeanor Complaint and Felony Complaint; Form and Content.
100.20 - Supporting Deposition; Definition, Form and Content.
100.35 - Prosecutor's Information; Form and Content.
100.50 - Superseding Informations and Prosecutor's Informations.
100.55 - Local Criminal Court Accusatory Instruments; in What Courts Filed.
100.60 - Youth Part of the Superior Court Accusatory Instruments; in What Courts Filed.