New York Laws
CPL - Criminal Procedure
Part 2 - The Principal Proceedings

100.10 - Local Criminal Court and Youth Part of the Superior Court Accusatory Instruments; Definitions Thereof. - (b) A "simplified parks information" is a written accusation by...

100.15 - Information, Misdemeanor Complaint and Felony Complaint; Form and Content. - (a) the accusatory part of the instrument must designate the...

100.20 - Supporting Deposition; Definition, Form and Content. - A supporting deposition is a written instrument accompanying or filed...

100.25 - Simplified Information; Form and Content; Defendant's Right to Supporting Deposition; Notice Requirement. - supporting deposition; notice requirement. 1. A simplified information must be...

100.30 - Information, Misdemeanor Complaint, Felony Complaint, Supporting Deposition and Proof of Service of Supporting Deposition; Verification. - (a) Such instrument may be sworn to before the court...

100.35 - Prosecutor's Information; Form and Content. - A prosecutor's information must contain the name of the local...

100.40 - Local Criminal Court and Youth Part of the Superior Court Accusatory Instruments; Sufficiency on Face. - (a) It substantially conforms to the requirements prescribed in section...

100.45 - Information, Prosecutor's Information, Misdemeanor Complaint; Severance, Consolidation, Amendment, Bill of Particulars. - severance, consolidation, amendment, bill of particulars. 1. Where appropriate, the...

100.50 - Superseding Informations and Prosecutor's Informations. - 1. If at any time before entry of a plea...

100.55 - Local Criminal Court Accusatory Instruments; in What Courts Filed. - filed. 1. Any local criminal court accusatory instrument may be...

100.60 - Youth Part of the Superior Court Accusatory Instruments; in What Courts Filed. - what courts filed. Any youth part of the superior court...

Article 110 - Requiring Defendant's Appearance in Local Criminal Court or Youth Part of Superior Court for Arraignment

110.10 - Methods of Requiring Defendant's Appearance in Local Criminal Court or Youth Part of the Superior Court for Arraignment; in General. - (a) The issuance and execution of a warrant of arrest,...

110.20 - Local Criminal Court or Youth Part of the Superior Court Accusatory Instruments; Notice Thereof to District Attorney. - accusatory instruments; notice thereof to district attorney. When a criminal...

Article 120 - Warrant of Arrest

120.10 - Warrant of Arrest; Definition, Function, Form and Content. - 1. A warrant of arrest is a process issued by...

120.20 - Warrant of Arrest; When Issuable. - (a) such court may, if such accusatory instrument is sufficient...

120.30 - Warrant of Arrest; by What Courts Issuable and in What Courts Returnable. - returnable. 1. A warrant of arrest may be issued only...

120.40 - Warrant of Arrest; Attaching Accusatory Instrument to Warrant of Town Court, Village Court or City Court. - of town court, village court or city court. A town...

120.50 - Warrant of Arrest; to What Police Officers Addressed. - A warrant of arrest may be addressed to any police...

120.55 - Warrant of Arrest; Defendant Under Parole or Probation Supervision. - supervision. If the defendant named within a warrant of arrest...

120.60 - Warrant of Arrest; What Police Officers May Execute. - (a) He has reasonable cause to believe that the defendant...

120.70 - Warrant of Arrest; Where Executable. - (a) In the county of issuance or in any adjoining...

120.80 - Warrant of Arrest; When and How Executed. - (a) Result in the defendant escaping or attempting to escape;...

120.90 - Warrant of Arrest; Procedure After Arrest. - 1. Upon arresting a defendant for any offense pursuant to...

Article 130 - The Summons

130.10 - Summons; Definition, Function, Form and Content. - 1. A summons is a process issued by a local...

130.20 - Summons; by What Courts Issuable and in What Courts Returnable. - A summons may be issued only by the local criminal...

130.30 - Summons; When Issuable. - A local criminal court or youth part of the superior...

130.40 - Summons; Service. - 1. A summons may be served by a police officer,...

130.50 - Summons; Defendant's Failure to Appear. - If after the service of a summons the defendant does...

130.60 - Summons; Fingerprinting of Defendant. - 1. Upon the arraignment of a defendant whose court attendance...

Article 140 - Arrest Without a Warrant

140.05 - Arrest Without a Warrant; in General. - A person who has committed or is believed to have...

140.10 - Arrest Without a Warrant; by Police Officer; When and Where Authorized. - (a) Any offense when he or she has reasonable cause...

140.15 - Arrest Without a Warrant; When and How Made by Police Officer. - 1. A police officer may arrest a person for an...

140.20 - Arrest Without a Warrant; Procedure After Arrest by Police Officer. - (a) If the arrest is for an offense other than...

140.25 - Arrest Without a Warrant; by Peace Officer. - (a) Any offense when he has reasonable cause to believe...

140.27 - Arrest Without a Warrant; When and How Made; Procedure After Arrest by Peace Officer. - (a) The arresting peace officer, where he is specially authorized...

140.30 - Arrest Without a Warrant; by Any Person; When and Where Authorized. - authorized. 1. Subject to the provisions of subdivision two, any...

140.35 - Arrest Without a Warrant; by Person Acting Other Than as a Police Officer or a Peace Officer; When and How Made. - police officer or a peace officer; when and how made....

140.40 - Arrest Without a Warrant; by Person Acting Other Than as a Police Officer or a Peace Officer; Procedure After Arrest. - (a) An appropriate police officer may issue and serve an...

140.45 - Arrest Without a Warrant; Dismissal of Insufficient Local Criminal Court Accusatory Instrument. - criminal court accusatory instrument. If a local criminal court accusatory...

140.50 - Temporary Questioning of Persons in Public Places; Search for Weapons. - weapons. 1. In addition to the authority provided by this...

140.55 - Arrest Without a Warrant; by Peace Officers of Other States for Offense Committed Outside State; Uniform Close Pursuit Act. - offense committed outside state; uniform close pursuit act. 1. As...

Article 150 - The Appearance Ticket

150.10 - Appearance Ticket; Definition, Form and Content. - 1. An appearance ticket is a written notice issued and...

150.20 - Appearance Ticket; When and by Whom Issuable. - (b) An officer is not required to issue an appearance...

150.40 - Appearance Ticket; Where Returnable; How and Where Served. - 1. An appearance ticket must be made returnable at a...

150.50 - Appearance Ticket; Filing a Local Criminal Court Accusatory Instrument; Dismissal of Insufficient Instrument. - instrument; dismissal of insufficient instrument. 1. A police officer or...

150.60 - Appearance Ticket; Defendant's Failure to Appear. - If after the service of an appearance ticket and the...

150.70 - Appearance Ticket; Fingerprinting of Defendant. - Upon the arraignment of a defendant who has not been...

150.75 - Appearance Ticket; Certain Cases. - 1. The provisions of this section shall apply in any...

150.80 - Court Appearance Reminders. - 1. A police officer or other public servant who has...

Article 160 - Fingerprinting and Photographing of Defendant After Arrest--Criminal Identification Records and Statistics

160.10 - Fingerprinting; Duties of Police With Respect Thereto. - (a) A felony; or (b) A misdemeanor defined in the...

160.20 - Fingerprinting; Forwarding of Fingerprints. - Upon the taking of fingerprints of an arrested person or...

160.30 - Fingerprinting; Duties of Division of Criminal Justice Services. - services. 1. Upon receiving fingerprints from a police officer or...

160.40 - Fingerprinting; Transmission of Report Received by Police. - 1. Upon receipt of a report of the division of...

160.45 - Polygraph Tests; Prohibition Against. - 1. No district attorney, police officer or employee of any...

160.50 - Order Upon Termination of Criminal Action in Favor of the Accused. - (a) every photograph of such person and photographic plate or...

160.55 - Order Upon Termination of Criminal Action by Conviction for Noncriminal Offense; Entry of Waiver; Administrative Findings. - (a) every photograph of such person and photographic plate or...

160.58 - Conditional Sealing of Certain Controlled Substance, Marihuana or Specified Offense Convictions. - (a) the sentencing court has requested and received from the...

160.59 - Sealing of Certain Convictions. - (a) "Eligible offense" shall mean any crime defined in the...

160.60 - Effect of Termination of Criminal Actions in Favor of the Accused. - accused. Upon the termination of a criminal action or proceeding...

Article 170 - Proceedings Upon Information, Simplified Traffic Information, Prosecutor's Information and Misdemeanor Complaint From Arraignment to Plea

170.10 - Arraignment Upon Information, Simplified Traffic Information, Prosecutor's Information or Misdemeanor Complaint; Defendant's Presence, Defendant's Rig - (a) In any case where a simplified information is filed...

170.15 - Removal of Action From One Local Criminal Court to Another. - (a) Death, disability or other incapacity or disqualification of all...

170.20 - Divestiture of Jurisdiction by Indictment; Removal of Case to Superior Court at District Attorney's Instance. - (a) If such charge is presented to a grand jury...

170.25 - Divestiture of Jurisdiction by Indictment; Removal of Case to Superior Court at Defendant's Instance. - (a) If a motion in a superior court is not...

170.30 - Motion to Dismiss Information, Simplified Information, Prosecutor's Information or Misdemeanor Complaint. - (a) It is defective, within the meaning of section 170.35;...

170.35 - Motion to Dismiss Information, Simplified Information, Prosecutor's Information or Misdemeanor Complaint; as Defective. - (a) It is not sufficient on its face pursuant to...

170.40 - Motion to Dismiss Information, Simplified Traffic Information, Prosecutor's Information or Misdemeanor Complaint; in Furtherance of Justice. - (a) the seriousness and circumstances of the offense; (b) the...

170.45 - Motion to Dismiss Information, Simplified Traffic Information, Prosecutor's Information or Misdemeanor Complaint; Procedure. - prosecutor's information or misdemeanor complaint; procedure. The procedural rules prescribed...

170.50 - Motion in Superior Court to Dismiss Prosecutor's Information. - (a) The evidence before the grand jury was not legally...

170.55 - Adjournment in Contemplation of Dismissal. - 1. Upon or after arraignment in a local criminal court...

170.56 - Adjournment in Contemplation of Dismissal in Cases Involving Marihuana. - marihuana. 1. Upon or after arraignment in a local criminal...

170.60 - Requirement of Plea to Information, Simplified Information or Prosecutor's Information. - prosecutor's information. Unless an information, a simplified information or a...

170.65 - Replacement of Misdemeanor Complaint by Information and Waiver Thereof. - thereof. 1. A defendant against whom a misdemeanor complaint is...

170.70 - Release of Defendant Upon Failure to Replace Misdemeanor Complaint by Information. - complaint by information. Upon application of a defendant against whom...

170.80 - Proceedings Regarding Certain Prostitution Charges; Certain Persons Aged Sixteen or Seventeen. - (a) conditionally convert such charge in accordance with subdivision three...

Article 180 - Proceedings Upon Felony Complaint From Arraignment Thereon Through Disposition Thereof

180.10 - Proceedings Upon Felony Complaint; Arraignment; Defendant's Rights, Court's Instructions and Bail Matters. - (a) To an adjournment for the purpose of obtaining counsel;...

180.20 - Proceedings Upon Felony Complaint; Removal of Action From One Local Criminal Court to Another. - (a) Dispose of the felony complaint pursuant to this article....

180.30 - Proceedings Upon Felony Complaint; Waiver of Hearing; Action to Be Taken. - be taken. If the defendant waives a hearing upon the...

180.40 - Proceedings Upon Felony Complaint; Application in Superior Court Following Hearing or Waiver of Hearing. - court following hearing or waiver of hearing. Where the local...

180.50 - Proceedings Upon Felony Complaint; Reduction of Charge. - (a) If there is not reasonable cause to believe that...

180.60 - Proceedings Upon Felony Complaint; the Hearing; Conduct Thereof. - thereof. A hearing upon a felony complaint must be conducted...

180.70 - Proceedings Upon Felony Complaint; Disposition of Felony Complaint After Hearing. - complaint after hearing. At the conclusion of a hearing, the...

180.75 - Proceedings Upon Felony Complaint; Juvenile Offender. - 1. When a juvenile offender or adolescent offender is arraigned...

180.80 - Proceedings Upon Felony Complaint; Release of Defendant From Custody Upon Failure of Timely Disposition. - (a) The district attorney files with the court a written...

180.85 - Termination of Prosecution. - 1. After arraignment of a defendant upon a felony complaint,...

Article 182 - Alternate Method of Court Appearance

182.10 - Definition of Terms. - As used in this article: 1. "Independent audio-visual system" means...

182.20 - Electronic Appearance; General Rule. - 1. Notwithstanding any other provision of law and except as...

182.30 - Electronic Appearance; Conditions and Limitations. - The following conditions and limitations apply to all electronic appearances:...

182.40 - Approval by the Chief Administrator of the Courts. - 1. The appropriate administrative judge shall submit to the chief...

Article 185 - Alternate Method of Arraignment

185.10 - Definition of Terms. - As used in this article: 1. "Independent audio-visual system" shall...

185.20 - Electronic Arraignment. - Notwithstanding the provisions of subdivision nine of section 1.20, sections...

185.30 - Conditions and Limitations on Electronic Arraignment. - Whenever a person is arraigned by means of an electronic...

185.40 - Approval by the Chief Administrator of the Courts. - 1. The appropriate administrative judge shall submit to the chief...

Title I - Preliminary Proceedings in Superior Court

Article 190 - The Grand Jury and Its Proceedings

190.05 - Grand Jury; Definition and General Functions. - A grand jury is a body consisting of not less...

190.10 - Grand Jury; for What Courts Drawn. - The appellate division of each judicial department shall adopt rules...

190.15 - Grand Jury; Duration of Term and Discharge. - 1. A term of a superior court for which a...

190.20 - Grand Jury; Formation, Organization and Other Matters Preliminary to Assumption of Duties. - (a) At any time before a grand jury is sworn,...

190.25 - Grand Jury; Proceedings and Operation in General. - (a) The district attorney; (b) A clerk or other public...

190.30 - Grand Jury; Rules of Evidence. - (a) that person's ownership or lawful custody of, or license...

190.32 - Videotaped Examination; Definitions, Application, Order and Procedure. - (a) "Child witness" means a person twelve years old or...

190.35 - Grand Jury; Definitions of Terms. - The term definitions contained in section 50.10 are applicable to...

190.40 - Grand Jury; Witnesses, Compulsion of Evidence and Immunity. - (a) He has effectively waived such immunity pursuant to section...

190.45 - Grand Jury; Waiver of Immunity. - 1. A waiver of immunity is a written instrument subscribed...

190.50 - Grand Jury; Who May Call Witnesses; Defendant as Witness. - (a) When a criminal charge against a person is being...

190.52 - Grand Jury; Attorney for Witness. - 1. Any person who appears as a witness and has...

190.55 - Grand Jury; Matters to Be Heard and Examined; Duties and Authority of District Attorney. - (a) A district attorney must submit to a grand jury...

190.60 - Grand Jury; Action to Be Taken. - After hearing and examining evidence as prescribed in section 190.55,...

190.65 - Grand Jury; When Indictment Is Authorized. - 1. Subject to the rules prescribing the kinds of offenses...

190.70 - Grand Jury; Direction to File Prosecutor's Information and Related Matters. - related matters. 1. Except in a case submitted to it...

190.71 - Grand Jury; Direction to File Request for Removal to Family Court. - (a) Except as provided in subdivision six of section 200.20...

190.75 - Grand Jury; Dismissal of Charge. - 1. If upon a charge that a designated person committed...

190.80 - Grand Jury; Release of Defendant Upon Failure of Timely Grand Jury Action. - (a) The lack of a grand jury disposition during such...

190.85 - Grand Jury; Grand Jury Reports. - (a) Concerning misconduct, non-feasance or neglect in public office by...

190.90 - Grand Jury; Appeal From Order Concerning Grand Jury Reports. - 1. When a court makes an order accepting a report...

Article 195 - Waiver of Indictment

195.10 - Waiver of Indictment; in General. - (a) a local criminal court has held the defendant for...

195.20 - Waiver of Indictment; Written Instrument. - (a) under the constitution of the state of New York...

195.30 - Waiver of Indictment; Approval of Waiver by the Court. - The court shall determine whether the waiver of indictment complies...

195.40 - Waiver of Indictment; Filing of Superior Court Information. - (a) The failure of the district attorney to file a...

Article 200 - Indictment and Related Instruments

200.10 - Indictment; Definition. - An indictment is a written accusation by a grand jury,...

200.15 - Superior Court Information; Definition. - A superior court information is a written accusation by a...

200.20 - Indictment; What Offenses May Be Charged; Joinder of Offenses and Consolidation of Indictments. - (a) They are based upon the same act or upon...

200.30 - Indictment; Duplicitous Counts Prohibited. - 1. Each count of an indictment may charge one offense...

200.40 - Indictment; Joinder of Defendants and Consolidation of Indictments Against Different Defendants. - (a) all such defendants are jointly charged with every offense...

200.50 - Indictment; Form and Content. - (a) asserts facts supporting every element of the offense charged...

200.60 - Indictment; Allegations of Previous Convictions Prohibited. - (a) If the defendant admits the previous conviction, that element...

200.61 - Indictment; Special Information for Operators of For-Hire Vehicles. - (a) If the defendant admits that the alleged victim of...

200.62 - Indictment; Special Information for Child Sexual Assault Offender. - (a) If the defendant admits that the alleged victim was...

200.63 - Indictment; Special Information for Aggravated Family Offense. - (a)(i) If the previous conviction is for an aggravated family...

200.65 - Indictment; Special Information for Enterprise Corruption and Criminal Possession or Use of a Biological Weapon or Chemical Weapon. - criminal possession or use of a biological weapon or chemical...

200.70 - Indictment; Amendment Of. - (a) A failure thereof to charge or state an offense;...

200.80 - Indictment; Superseding Indictments. - If at any time before entry of a plea of...

200.95 - Indictment; Bill of Particulars. - (b) "Request for a bill of particulars" is a written...

Article 210 - Proceedings in Superior Court From Filing of Indictment to Plea

210.05 - Indictment and Superior Court Information Exclusive Methods of Prosecution. - prosecution. The only methods of prosecuting an offense in a...

210.10 - Requirement of and Methods of Securing Defendant's Appearance for Arraignment Upon Indictment. - (a) He has reasonable cause to believe that the defendant...

210.15 - Arraignment Upon Indictment; Defendant's Rights, Court's Instructions and Bail Matters. - (a) To an adjournment for the purpose of obtaining counsel;...

210.16 - Requirement of HIV Related Testing in Certain Cases. - (b) For the purposes of this section, the terms "victim"...

210.20 - Motion to Dismiss or Reduce Indictment. - (a) Such indictment or count is defective, within the meaning...

210.25 - Motion to Dismiss Indictment; as Defective. - An indictment or a count thereof is defective within the...

210.30 - Motion to Dismiss or Reduce Indictment on Ground of Insufficiency of Grand Jury Evidence; Motion to Inspect Grand Jury Minutes. - insufficiency of grand jury evidence; motion to inspect grand jury...

210.35 - Motion to Dismiss Indictment; Defective Grand Jury Proceeding. - A grand jury proceeding is defective within the meaning of...

210.40 - Motion to Dismiss Indictment; in Furtherance of Justice. - (a) the seriousness and circumstances of the offense; (b) the...

210.45 - Motion to Dismiss Indictment; Procedure. - (a) The moving papers allege a ground constituting legal basis...

210.46 - Adjournment in Contemplation of Dismissal in Marihuana Cases in a Superior Court. - in a superior court. Upon or after arraignment in a...

210.47 - Adjournment in Contemplation of Dismissal in Misdemeanor Cases in Superior Court. - in superior court. Upon or after the arraignment in a...

210.50 - Requirement of Plea. - Unless an indictment is dismissed or the criminal action thereon...

Article 215 - Adjournment in Contemplation of Dismissal for Purposes of Referring Selected Felonies to Dispute Resolution

215.10 - Referral of Selected Felonies to Dispute Resolution. - Upon or after arraignment in a local criminal court upon...

215.20 - Victim; Definition. - For purposes of section 215.10 of this article, "victim" means...

215.30 - Adjournment in Contemplation of Dismissal; Restoration to Calendar; Dismissal of Action. - calendar; dismissal of action. Upon issuing an order adjourning an...

215.40 - Dismissal of Action; Effect Thereof; Records. - If an action has not been restored to the calendar...

Article 216 - Judicial Diversion Program for Certain Felony Offenders

216.00 - Definitions. - (a) within the preceding ten years, excluding any time during...

216.05 - Judicial Diversion Program; Court Procedures. - (i) the defendant had within the preceding ten years (excluding...

Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence

Article 220 - The Plea

220.10 - Plea; Kinds of Pleas. - (a) Guilty of one or more but not all of...

220.15 - Plea; Plea of Not Responsible by Reason of Mental Disease or Defect. - (a) The nature of the charge to which the plea...

220.20 - Plea; Meaning of Lesser Included Offense for Plea Purposes. - (a) Where the only culpable mental state required for the...

220.30 - Plea; Plea of Guilty to Part of Indictment; Plea Covering Other Indictments. - (ii) If the other indictment or indictments are pending in...

220.35 - Hearing on Predicate Felony Conviction. - In any case where the defendant offers to enter a...

220.40 - Plea; Plea of Not Guilty; Meaning. - A plea of not guilty constitutes a denial of every...

220.50 - Plea; Entry of Plea. - 1. A plea to an indictment, other than one against...

220.51 - Notice Before Entry of Plea or Trial Involving a Public Official. - official. Prior to trial, and before accepting a defendant's plea...

220.60 - Plea; Change of Plea. - 1. A defendant who has entered a plea of not...

Article 230 - Removal of Action

230.10 - Removal of Action; From Supreme Court to County Court and From County Court to Supreme Court; at Instance of Court. - county court to supreme court; at instance of court. Upon...

230.11 - Removal of Action to Certain Courts Within a County. - (a) it will not accept the action, in which event...

230.20 - Removal of Action; Removal From County Court to Supreme Court and Change of Venue; Upon Motion of Party. - (a) that the indictment and action be removed from such...

230.21 - Removal of Action to Certain Courts in an Adjoining County. - (a) it will not accept the action, in which event...

230.30 - Removal of Action; Stay of Trial Pending Motion Therefor. - 1. At any time when a timely motion for removal...

230.40 - Removal of Action; Determinations and Rulings Before and After Removal; by Which Courts Made. - removal; by which courts made. Upon any removal of an...

Article 245 - Discovery

245.10 - Timing of Discovery. - (i) When a defendant is in custody during the pendency...

245.20 - Automatic Discovery. - (a) All written or recorded statements, and the substance of...

245.25 - Disclosure Prior to Certain Guilty Pleas. - 1. Pre-indictment guilty pleas. Upon a felony complaint, where the...

245.30 - Court Orders for Preservation, Access or Discovery. - 1. Order to preserve evidence. At any time, a party...

245.35 - Court Ordered Procedures to Facilitate Compliance. - To facilitate compliance with this article, and to reduce or...

245.40 - Non-Testimonial Evidence From the Defendant. - (a) Appear in a lineup; (b) Speak for identification by...

245.45 - DNA Comparison Order. - Where property in the prosecution's possession, custody, or control consists...

245.50 - Certificates of Compliance; Readiness for Trial. - (b) To the extent that the party is aware of...

245.55 - Flow of Information. - (b) If the prosecution fails to disclose such an electronic...

245.60 - Continuing Duty to Disclose. - If either the prosecution or the defendant subsequently learns of...

245.65 - Work Product. - This article does not authorize discovery by a party of...

245.70 - Protective Orders. - (b) Such review shall be sought within two business days...

245.75 - Waiver of Discovery by Defendant. - 1. A defendant who does not seek discovery from the...

245.80 - Remedies or Sanctions for Non-Compliance. - (b) When material or information is discoverable under this article...

245.85 - Admissibility of Discovery. - The fact that a party has indicated during the discovery...

Article 250 - Pre-Trial Notices of Defenses

250.10 - Notice of Intent to Proffer Psychiatric Evidence; Examination of Defendant Upon Application of Prosecutor. - (a) Evidence of mental disease or defect to be offered...

250.20 - Notice of Alibi. - 1. At any time, not more than twenty days after...

250.30 - Notice of Defenses in Offenses Involving Computers. - 1. In any prosecution in which the defendant seeks to...

250.40 - Notice of Intent to Seek Death Penalty. - 1. A sentence of death may not be imposed upon...

Article 255 - Pre-Trial Motions

255.10 - Definitions. - (a) dismissing or reducing an indictment pursuant to article 210...

255.20 - Pre-Trial Motions; Procedure. - 1. Except as otherwise expressly provided by law, whether the...

Article 260 - Jury Trial--Generally

260.10 - Jury Trial; Requirement Thereof. - Except as otherwise provided in section 320.10, every trial of...

260.20 - Jury Trial; Defendant's Presence at Trial. - A defendant must be personally present during the trial of...

260.30 - Jury Trial; in What Order to Proceed. - The order of a jury trial, in general, is as...

Article 270 - Jury Trial--Formation and Conduct of Jury

270.05 - Trial Jury; Formation in General. - 1. A trial jury consists of twelve jurors, but "alternate...

270.10 - Trial Jury; Challenge to the Panel. - 1. A challenge to the panel is an objection made...

270.15 - Trial Jury; Examination of Prospective Jurors; Challenges Generally. - (b) The court shall initiate the examination of prospective jurors...

270.16 - Capital Cases; Individual Questioning for Racial Bias. - 1. In any case in which the crime charged may...

270.20 - Trial Jury; Challenge for Cause of an Individual Juror. - (a) He does not have the qualifications required by the...

270.25 - Trial Jury; Peremptory Challenge of an Individual Juror. - (a) Twenty for the regular jurors if the highest crime...

270.30 - Trial Jury; Alternate Jurors. - 1. Immediately after the last trial juror is sworn, the...

270.35 - Trial Jury; Discharge of Juror; Replacement by Alternate Juror. - (b) The court shall afford the parties an opportunity to...

270.40 - Trial Jury; Preliminary Instructions by Court. - After the jury has been sworn and before the people's...

270.45 - Trial Jury; When Separation Permitted. - During the period extending from the time the jurors are...

270.50 - Trial Jury; Viewing of Premises. - 1. When the court is of the opinion that a...

270.55 - Sentencing Jury in Capital Cases. - During the period extending from when a jury returns a...

Article 280 - Jury Trial---Motion for a Mistrial

280.10 - Motion for Mistrial. - At any time during the trial, the court must declare...

280.20 - Motion for Mistrial; Status of Indictment Upon New Trial. - Upon a new trial resulting from an order declaring a...

Article 290 - Jury Trial--Trial Order of Dismissal

290.10 - Trial Order of Dismissal. - 1. At the conclusion of the people's case or at...

Article 300 - Jury Trial--Court's Charge and Instructions to Jury

300.10 - Court's Charge; in General. - (a) "Guilty" of the offense submitted, if there be but...

300.30 - Court's Charge; Submission of Indictment to Jury; Definitions of Terms. - of terms. The following definitions are applicable to this article:...

300.40 - Court's Charge; Submission of Indictment to Jury; Counts to Be Submitted. - (a) With respect to non-inclusory concurrent counts, the court may...

300.50 - Court's Charge; Submission of Lesser Included Offenses. - 1. In submitting a count of an indictment to the...

Article 310 - Jury Trial--Deliberation and Verdict of Jury

310.10 - Jury Deliberation; Requirement Of; Where Conducted. - 1. Following the court's charge, except as otherwise provided by...

310.20 - Jury Deliberation; Use of Exhibits and Other Material. - Upon retiring to deliberate, the jurors may take with them:...

310.30 - Jury Deliberation; Request for Information. - At any time during its deliberation, the jury may request...

310.40 - Verdict; Rendition Thereof. - 1. The verdict must be rendered and announced by the...

310.50 - Verdict; Form; Reconsideration of Defective Verdict. - 1. The form of the verdict must be in accordance...

310.60 - Discharge of Jury Before Rendition of Verdict and Effect Thereof. - (a) The jury has deliberated for an extensive period of...

310.70 - Rendition of Partial Verdict and Effect Thereof. - (a) If the possibility of ultimate agreement with respect to...

310.80 - Recording and Checking of Verdict and Polling of Jury. - After a verdict has been rendered, it must be recorded...

310.85 - Verdict of Guilty Where Defendant Not Criminally Responsible. - 1. Where a verdict of guilty is rendered with respect...

Article 320 - Waiver of Jury Trial and Conduct of Non-Jury Trial

320.10 - Non-Jury Trial; When Authorized. - 1. Except where the indictment charges the crime of murder...

320.20 - Non-Jury Trial; Nature and Conduct Thereof. - (a) The court must permit the parties to deliver opening...

Article 330 - Proceedings From Verdict to Sentence

330.10 - Disposition of Defendant After Verdict of Acquittal. - 1. Upon a verdict of complete acquittal, the court must...

330.20 - Procedure Following Verdict or Plea of Not Responsible by Reason of Mental Disease or Defect. - (a) "Commissioner" means the state commissioner of mental health or...

330.25 - Removal After Verdict. - 1. Where a defendant is a juvenile offender or an...

330.30 - Motion to Set Aside Verdict; Grounds For. - At any time after rendition of a verdict of guilty...

330.40 - Motion to Set Aside Verdict; Procedure. - (a) The motion must be in writing and upon reasonable...

330.50 - Motion to Set Aside Verdict; Order Granting Motion. - 1. Upon setting aside or modifying a verdict or a...

Title K - Prosecution of Informations in Local Criminal Courts-Plea to Sentence

Article 340 - Pre-Trail Proceedings

340.10 - Definition of Terms. - The following definitions are applicable to this title: 1. "Information,"...

340.20 - The Plea. - (a) Subject to the provisions of paragraph (b), a plea...

340.30 - Pre-Trial Discovery and Notices of Defenses. - The provisions of article two hundred forty-five of this part,...

340.40 - Modes of Trial. - 1. Except as otherwise provided in this section, a trial...

340.50 - Defendant's Presence at Trial. - 1. Except as provided in subdivision two or three, a...

Article 350 - Non-Jury Trials

350.10 - Conduct of Single Judge Trial. - (a) The court may in its discretion permit the parties...

350.20 - Trial by Judicial Hearing Officer. - (a) determine all questions of law; (b) act as the...

Article 360 - Jury Trial

360.05 - Jury Trial; Order of Trial. - The provisions of section 260.30, governing the order of proceedings...

360.10 - Trial Jury; Formation in General. - 1. A trial jury consists of six jurors, but "alternate...

360.15 - Trial Jury; Challenge to the Panel. - 1. A challenge to the panel is an objection made...

360.20 - Trial Jury; Examination of Prospective Jurors; Challenges Generally. - generally. If no challenge to the panel is made as...

360.25 - Trial Jury; Challenge for Cause of an Individual Juror. - (a) He does not have the qualifications required by the...

360.30 - Trial Jury; Peremptory Challenge of an Individaul Juror. - 1. A peremptory challenge is an objection to a prospective...

360.35 - Trial Jury; Alternate Juror. - 1. Immediately after the last trial juror is sworn, the...

360.40 - Trial Jury; Conduct of Jury Trial in General. - A jury trial of an information must be conducted generally...

360.45 - Court's Charge and Instructions; in General. - The general principles, prescribed in section 300.10, governing the court's...

360.50 - Court's Submission of Information to Jury; Counts and Offenses to Be Submitted. - to be submitted. 1. The term definitions contained in section...

360.55 - Deliberation and Verdict of Jury. - The provisions of article three hundred ten, governing the deliberation...

Article 370 - Proceedings From Verdict to Sentence

370.10 - Proceedings From Verdict to Sentence. - The provisions of article three hundred thirty, governing the proceedings...

370.15 - Procedure for Determining Whether Certain Misdemeanor Crimes Are Serious Offenses Under the Penal Law. - are serious offenses under the penal law. 1. When a...

370.25 - Procedure for the Surrender of Firearms, Rifles and Shotguns Upon Judgment of Conviction for a Felony or a Serious Offense. - upon judgment of conviction for a felony or a serious...

Title L - Sentence

Article 380 - Sentencing in General

380.10 - Applicability. - 1. In general. The procedure prescribed by this title applies...

380.20 - Sentence Required. - The court must pronounce sentence in every case where a...

380.30 - Time for Pronouncing Sentence. - (a) Fix a date for pronouncing sentence; or (b) Fix...

380.40 - Defendant's Presence at Sentencing. - 1. In general. The defendant must be personally present at...

380.50 - Statements at Time of Sentence. - (1) the victim as indicated in the accusatory instrument; or...

380.55 - Application for Poor Person Relief on Appeal. - 1. Where counsel has been assigned to represent a defendant...

380.60 - Authority for the Execution of Sentence. - Except where a sentence of death is pronounced, a sentence...

380.65 - Sentence and Commitment and Order of Protection to Accompany Defendant Sentenced to Imprisonment. - defendant sentenced to imprisonment. A sentence and commitment or certificate...

380.70 - Minutes of Sentence. - In any case where a person receives an indeterminate or...

380.80 - Reporting Sentence to Social Services. - Whenever a person receives a sentence of imprisonment, the court...

380.85 - Reporting Sentences to Office of Professional Medical Conduct; Licensed Physician, Physician Assistant, or Specialist Assistant. - licensed physician, physician assistant, or specialist assistant. Whenever a person...

380.90 - Reporting Sentences to Schools. - 1. "Designated educational official" shall mean (a) an employee or...

380.95 - Reporting Convictions of Certain School Employees. - Upon conviction of a teacher, as defined in subparagraph three...

380.95*2 - Reporting Convictions of Certain School Employees. - Upon conviction of a school administrator or supervisor, as defined...

380.96 - Obligation of Sentencing Court Pursuant to Article Four Hundred of the Penal Law. - of the penal law. Upon judgment of conviction of any...

380.97 - Notification to Division of Criminal Justice Services of Certain Misdemeanor Convictions. - certain misdemeanor convictions. Upon judgment of conviction of assault in...

Article 390 - Pre-Sentence Reports

390.10 - Requirement of Fingerprint Report. - In any case where the defendant is convicted of an...

390.15 - Requirement of HIV Related Testing in Certain Cases. - (b) For the purposes of this section, the terms "defendant",...

390.20 - Requirement of Pre-Sentence Report. - (a) A sentence of probation except where the provisions of...

390.30 - Scope of Pre-Sentence Investigation and Report. - (b) The report shall also contain a victim impact statement,...

390.40 - Defendant's or Prosecutor's Pre-Sentence Memorandum. - 1. Either the defendant or prosecutor may, at any time...

390.50 - Confidentiality of Pre-Sentence Reports and Memoranda. - (b) The victim impact statement prepared pursuant to subdivision three...

390.60 - Copy of Reports to Accompany Defendant Sentenced to Imprisonment. - imprisonment. 1. Cases where copy of report is required. Whenever...

Article 400 - Pre-Sentence Proceedings

400.10 - Pre-Sentence Conference. - 1. Authorization and purpose. Before pronouncing sentence, the court, in...

400.15 - Procedure for Determining Whether Defendant Is a Second Violent Felony Offender. - (a) A hearing pursuant to this section must be before...

400.16 - Procedure for Determining Whether Defendant Is a Persistent Violent Felony Offender. - violent felony offender. 1. Applicability. The provisions of this section...

400.19 - Procedure for Determining Whether Defendant Is a Second Child Sexual Assault Felony Offender. - (b) Regardless of whether the age of the victim is...

400.20 - Procedure for Determining Whether Defendant Should Be Sentenced as a Persistent Felony Offender. - (a) The dates and places of the previous convictions which...

400.21 - Procedure for Determining Whether Defendant Is a Second Felony Offender or a Second Felony Drug Offender. - (b) A previous conviction in this or any other jurisdiction...

400.22 - Evidence of Imprisonment. - The certificate of the commissioner of correction or of the...

400.27 - Procedure for Determining Sentence Upon Conviction for the Offense of Murder in the First Degree. - (b) In order to be deemed established, an aggravating factor...

400.30 - Procedure for Determining the Amount of a Fine Based Upon the Defendant's Gain From the Offense. - defendant's gain from the offense. 1. Order directing a hearing....

400.40 - Procedure for Determining Prior Convictions for the Purpose of Sentence in Certain Cases. - sentence in certain cases. 1. Applicability. Where a conviction is...

Article 410 - Sentences of Probation, Conditional Discharge and Parole Supervision

410.10 - Specification of Conditions of the Sentence. - 1. When the court pronounces a sentence of probation or...

410.20 - Modification or Enlargement of Conditions. - 1. The court may modify or enlarge the conditions of...

410.30 - Declaration of Delinquency. - If at any time during the period of a sentence...

410.40 - Notice to Appear, Warrant. - (b) If the court in which the warrant is returnable...

410.50 - Custody and Supervision of Probationers. - 1. Custody. A person who is under a sentence of...

410.60 - Appearance Before Court. - A person who has been taken into custody pursuant to...

410.70 - Hearing on Violation. - 1. In general. The court may not revoke a sentence...

410.80 - Transfer of Supervision of Probationers. - (i) In transfers involving a defendant sentenced to probation upon...

410.90 - Termination of Sentence. - (i) the probationer is no longer in need of such...

410.90-A - Superior Court; Youth Part. - Notwithstanding any other provisions of this article, all proceedings relating...

410.91 - Sentence of Parole Supervision. - 1. A sentence of parole supervision is an indeterminate sentence...

Article 420 - Fines, Restitution and Reparation

420.05 - Payment of Fines, Mandatory Surcharges and Fees by Credit Card. - When the court imposes a fine, mandatory surcharge or fee...

420.10 - Collection of Fines, Restitution or Reparation. - (i) That the defendant pay the entire amount at the...

420.20 - Collection of Fines, Restitution or Reparation Imposed Upon Corporations. - corporations. Where a corporation is sentenced to pay a fine,...

420.30 - Remission of Fines, Restitution or Reparation. - (b) The court shall give each person given notice a...

420.35 - Mandatory Surcharge and Crime Victim Assistance Fee; Applicability to Sentences Mandating Payment of Fines. - (a) the imposition of such surcharge or fee would work...

420.40 - Deferral of a Mandatory Surcharge; Financial Hardship Hearings. - 1. Applicability. The procedure specified in this section governs the...

420.45 - Post-Trial Motion Relating to Certain Instruments Affecting Residential Real Property. - residential real property. 1. When a defendant has been convicted...

Article 430 - Sentences of Imprisonment

430.10 - Sentence of Imprisonment Not to Be Changed After Commencement. - Except as otherwise specifically authorized by law, when the court...

430.20 - Commitment of Defendant. - (a) In counties contained within New York City or in...

430.30 - Duty to Deliver Defendant. - In counties contained within New York City and in counties...

Title M - Proceedings After Judgment

Article 440 - Post-Judgment Motions

440.10 - Motion to Vacate Judgment. - (a) The court did not have jurisdiction of the action...

440.20 - Motion to Set Aside Sentence; by Defendant. - 1. At any time after the entry of a judgment,...

440.30 - Motion to Vacate Judgment and to Set Aside Sentence; Procedure. - (b) In conjunction with the filing or consideration of a...

440.40 - Motion to Set Aside Sentence; by People. - 1. At any time not more than one year after...

440.46 - Motion for Resentence; Certain Controlled Substance Offenders. - (a) a crime for which the person was previously convicted...

440.46-A - Motion for Resentence; Persons Convicted of Certain Marihuana Offenses. - (b) (i) Upon receiving a served and filed motion under...

440.47 - Motion for Resentence; Domestic Violence Cases. - (b) If, at the time of such person's request to...

440.50 - Notice to Crime Victims of Case Disposition. - 1. Upon the request of a victim of a crime,...

440.55 - Notice to Education Department Where a Licensed Professional Has Been Convicted of a Felony. - has been convicted of a felony. The district attorney shall...

440.60 - Notification of Invalid Sentences of Probation. - Whenever it shall appear to the satisfaction of the appropriate...

440.65 - Notice to Child Protective Agency of Conviction for Certain Crimes Against a Child. - crimes against a child. Upon conviction of any person for...

440.70 - Notice to the Secretary of State When False Financing Statement Filed. - filed. Upon conviction of any person for a crime where...

Article 450 - Appeals--in What Cases Authorized and to What Courts Taken

450.10 - Appeal by Defendant to Intermediate Appellate Court; in What Cases Authorized as of Right. - cases authorized as of right. An appeal to an intermediate...

450.15 - Appeal by Defendant to Intermediate Appellate Court; in What Cases Authorized by Permission. - cases authorized by permission. If an appeal by defendant is...

450.20 - Appeal by People to Intermediate Appellate Court; in What Cases Authorized. - authorized. An appeal to an intermediate appellate court may be...

450.30 - Appeal From Sentence. - 1. An appeal by the defendant from a sentence, as...

450.40 - Appeal by People From Trial Order of Dismissal. - 1. An appeal by the people from a trial order...

450.50 - Appeal by People From Order Suppressing Evidence; Filing of Statement in Appellate Court. - statement in appellate court. 1. In taking an appeal, pursuant...

450.55 - Appeal by People From Order Reducing a Count of an Indictment or Directing the Filing of a Prosecutor's Information. - or directing the filing of a prosecutor's information. In taking...

450.60 - Appeal to Intermediate Appellate Court; to What Court Taken. - The particular intermediate appellate courts to which appeals authorized by...

450.70 - Appeal by Defendant Directly to Court of Appeals; in What Cases Authorized. - cases authorized. An appeal directly to the court of appeals...

450.80 - Appeal by People Directly to Court of Appeals; in What Cases Authorized. - authorized. An appeal directly to the court of appeals may...

450.90 - Appeal to Court of Appeals From Order of Intermediate Appellate Court; in What Cases Authorized. - (a) The court of appeals determines that the intermediate appellate...

Article 460 - Appeals--Taking and Perfection Thereof and Stays During Pendency Thereof

460.10 - Appeal; How Taken. - (a) A party seeking to appeal from a judgment or...

460.15 - Certificate Granting Leave to Appeal to Intermediate Appellate Court. - appellate court. 1. A certificate granting leave to appeal to...

460.20 - Certificate Granting Leave to Appeal to Court of Appeals. - (a) Where the appeal sought is from an order of...

460.30 - Extension of Time for Taking Appeal. - 1. Upon motion to an intermediate appellate court of a...

460.40 - Effect of Taking of Appeal Upon Judgment or Order of Courts Below; When Stayed. - below; when stayed. 1. The taking of an appeal by...

460.50 - Stay of Judgment Pending Appeal to Intermediate Appellate Court. - (a) If the appeal is to the appellate division from...

460.60 - Stay of Judgment Pending Appeal to Court of Appeals From Intermediate Appellate Court. - (b) If the application for leave to appeal is denied,...

460.70 - Appeal; How Perfected. - (a) After the local criminal court has, pursuant to paragraph...

460.80 - Appeal; Argument and Submission Thereof. - The mode of and procedure for arguing or otherwise litigating...

460.90 - Filing of Papers on Appeal to the Appellate Division by Electronic Means. - electronic means. Notwithstanding any other provision of law, the appellate...

Article 470 - Appeals--Determination Thereof

470.05 - Determination of Appeals; General Criteria. - 1. An appellate court must determine an appeal without regard...

470.10 - Determination of Appeals; Definitions of Terms. - The following definitions are applicable to this article: 1. "Reversal"...

470.15 - Determination of Appeals by Intermediate Appellate Courts; Scope of Review. - (a) Upon a determination that the trial evidence adduced in...

470.20 - Determination of Appeals by Intermediate Appellate Courts; Corrective Action Upon Reversal or Modification. - corrective action upon reversal or modification. Upon reversing or modifying...

470.25 - Determination of Appeals by Intermediate Appellate Courts; Form and Content of Order. - (a) A statement of whether the determination was upon the...

470.30 - Determination by Court of Appeals of Appeals Taken Directly Thereto From Judgments and Orders of Criminal Courts. - (a) whether the sentence of death was imposed under the...

470.35 - Determination by Court of Appeals of Appeals From Orders of Intermediate Appellate Courts; Scope of Review. - (a) Any question of law which was determined by the...

470.40 - Determination by Court of Appeals of Appeals From Intermediate Appellate Courts; Corrective Action Upon Reversal or Modification. - (a) If the facts underlying the original criminal court judgment,...

470.45 - Remission of Case by Appellate Court to Criminal Court Upon Reversal or Modification of Judgment; Action by Criminal Court. - reversal or modification of judgment; action by criminal court. Upon...

470.50 - Reargument of Appeal; Motion and Criteria For. - 1. After its determination of an appeal taken pursuant to...

470.55 - Status of Accusatory Instrument Upon Order of New Trial or Restoration of Action to Pre-Pleading Status. - restoration of action to pre-pleading status. 1. Upon a new...

470.60 - Dismissal of Appeal. - 1. At any time after an appeal has been taken...

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New York Laws CPL - Criminal Procedure Part 2 - The Principal Proceedings

New York Laws
CPL - Criminal Procedure
Part 2 - The Principal Proceedings