New York Laws
Part 2 - The Principal Proceedings
Title H - Preliminary Proceedings in Local Criminal Court

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...

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New York Laws Part 2 - The Principal Proceedings Title H - Preliminary Proceedings in Local Criminal Court

New York Laws
Part 2 - The Principal Proceedings
Title H - Preliminary Proceedings in Local Criminal Court