Title CPL, Criminal Procedure

* § 185.10 Definition of terms.\n As used in this article:\n 1. "Independent audio-visual system" shall mean an electronic system\nfor the transmission and receiving of audio and visual signals,\nencompassing encoded signals, frequency domain multiplexing or other\nsuitable means…

* § 185.20 Electronic arraignment.\n Notwithstanding the provisions of subdivision nine of section 1.20,\nsections 110.10, 120.10, 120.40, 120.90, 140.20, 140.27, 140.40, 170.10\nand 180.10 of this chapter or any other provision of law as they pertain\nto a defendant's personal a…

* § 185.30 Conditions and limitations on electronic arraignment.\n Whenever a person is arraigned by means of an electronic arraignment,\nthe following conditions and limitations shall apply:\n 1. The defendant may not enter a plea of guilty;\n 2. The electronic arraignment proce…

* § 185.40 Approval by the chief administrator of the courts.\n 1. The appropriate administrative judge shall submit to the chief\nadministrator of the courts a written proposal for the use of electronic\narraignments for a particular court and the precincts under the\njurisdicti…

§ 190.05 Grand jury; definition and general functions.\n A grand jury is a body consisting of not less than sixteen nor more\nthan twenty-three persons, impaneled by a superior court and\nconstituting a part of such court, the functions of which are to hear\nand examine evidence …

§ 190.10 Grand jury; for what courts drawn.\n The appellate division of each judicial department shall adopt rules\ngoverning the number and the terms for which grand juries shall be drawn\nand impaneled by the superior courts within its department; provided,\nhowever, that a gra…

§ 190.15 Grand jury; duration of term and discharge.\n 1. A term of a superior court for which a grand jury has been\nimpaneled remains in existence at least until and including the opening\ndate of the next term of such court for which a grand jury has been\ndesignated. Upon suc…

§ 190.20 Grand jury; formation, organization and other matters\n preliminary to assumption of duties.\n 1. The mode of selecting grand jurors and of drawing and impaneling\ngrand juries is governed by the judiciary law.\n 2. Neither the grand jury panel nor any individual grand j…

§ 190.25 Grand jury; proceedings and operation in general.\n 1. Proceedings of a grand jury are not valid unless at least sixteen\nof its members are present. The finding of an indictment, a direction to\nfile a prosecutor's information, a decision to submit a grand jury\nreport …

§ 190.30 Grand jury; rules of evidence.\n 1. Except as otherwise provided in this section, the provisions of\narticle sixty, governing rules of evidence and related matters with\nrespect to criminal proceedings in general, are, where appropriate,\napplicable to grand jury proceed…

§ 190.32 Videotaped examination; definitions, application, order and\n procedure.\n 1. Definitions. As used in this section:\n (a) "Child witness" means a person twelve years old or less whom the\npeople intend to call as witness in a grand jury proceeding to give\nevidence conce…

§ 190.35 Grand jury; definitions of terms.\n The term definitions contained in section 50.10 are applicable to\nsections 190.40, 190.45 and 190.50.\n

§ 190.40 Grand jury; witnesses, compulsion of evidence and immunity.\n 1. Every witness in a grand jury proceeding must give any evidence\nlegally requested of him regardless of any protest or belief on his part\nthat it may tend to incriminate him.\n 2. A witness who gives evide…

§ 190.45 Grand jury; waiver of immunity.\n 1. A waiver of immunity is a written instrument subscribed by a\nperson who is or is about to become a witness in a grand jury\nproceeding, stipulating that he waives his privilege against\nself-incrimination and any possible or prospect…

§ 190.50 Grand jury; who may call witnesses; defendant as witness.\n 1. Except as provided in this section, no person has a right to call\na witness or appear as a witness in a grand jury proceeding.\n 2. The people may call as a witness in a grand jury proceeding any\nperson bel…

§ 190.52 Grand jury; attorney for witness.\n 1. Any person who appears as a witness and has signed a waiver of\nimmunity in a grand jury proceeding, has a right to an attorney as\nprovided in this section. Such a witness may appear with a retained\nattorney, or if he is financial…

§ 190.55 Grand jury; matters to be heard and examined; duties and\n authority of district attorney.\n 1. A grand jury may hear and examine evidence concerning the alleged\ncommission of any offense prosecutable in the courts of the county, and\nconcerning any misconduct, nonfeasa…

§ 190.60 Grand jury; action to be taken.\n After hearing and examining evidence as prescribed in section 190.55,\na grand jury may:\n 1. Indict a person for an offense, as provided in section 190.65;\n 2. Direct the district attorney to file a prosecutor's information\nwith a loc…

§ 190.65 Grand jury; when indictment is authorized.\n 1. Subject to the rules prescribing the kinds of offenses which may\nbe charged in an indictment, a grand jury may indict a person for an\noffense when (a) the evidence before it is legally sufficient to\nestablish that such p…

§ 190.70 Grand jury; direction to file prosecutor's information and\n related matters.\n 1. Except in a case submitted to it pursuant to the provisions of\nsection 170.25, a grand jury may direct the district attorney to file in\na local criminal court a prosecutor's information …

§ 190.71 Grand jury; direction to file request for removal to family\n court.\n (a) Except as provided in subdivision six of section 200.20 of this\nchapter, a grand jury may not indict (i) a person thirteen years of age\nfor any conduct or crime other than conduct constituting a…

§ 190.75 Grand jury; dismissal of charge.\n 1. If upon a charge that a designated person committed a crime,\neither (a) the evidence before the grand jury is not legally sufficient\nto establish that such person committed such crime or any other offense,\nor (b) the grand jury is…

§ 190.80 Grand jury; release of defendant upon failure of timely grand\n jury action.\n Upon application of a defendant who on the basis of a felony complaint\nhas been held by a local criminal court for the action of a grand jury,\nand who, at the time of such order or subsequen…

§ 190.85 Grand jury; grand jury reports.\n 1. The grand jury may submit to the court by which it was impaneled, a\nreport:\n (a) Concerning misconduct, non-feasance or neglect in public office\nby a public servant as the basis for a recommendation of removal or\ndisciplinary acti…

§ 190.90 Grand jury; appeal from order concerning grand jury reports.\n 1. When a court makes an order accepting a report of a grand jury\npursuant to paragraph (a) of subdivision one of section 190.85, any\npublic servant named therein may appeal the order; and when a court\nmak…

§ 195.10 Waiver of indictment; in general.\n 1. A defendant may waive indictment and consent to be prosecuted by\nsuperior court information when:\n (a) a local criminal court has held the defendant for the action of a\ngrand jury; and\n (b) the defendant is not charged with a cl…

§ 195.20 Waiver of indictment; written instrument.\n A waiver of indictment shall be evidenced by a written instrument,\nwhich shall contain the name of the court in which it is executed, the\ntitle of the action, and the name, date and approximate time and place\nof each offense…

§ 195.30 Waiver of indictment; approval of waiver by the court.\n The court shall determine whether the waiver of indictment complies\nwith the provisions of sections 195.10 and 195.20. If satisfied that\nthe waiver complies with such provisions, the court shall approve the\nwaiv…

§ 195.40 Waiver of indictment; filing of superior court information.\n When indictment is waived in a superior court the district attorney\nshall file a superior court information in such court at the time the\nwaiver is executed. When indictment is waived in a local criminal cou…

§ 2.10 Persons designated as peace officers.\n Notwithstanding the provisions of any general, special or local law or\ncharter to the contrary, only the following persons shall have the\npowers of, and shall be peace officers:\n 1. Constables or police constables of a town or vil…

§ 2.15 Federal law enforcement officers; powers.\n The following federal law enforcement officers shall have the powers\nset forth in paragraphs (a) (with the exception of the powers provided\nby paragraph (b) of subdivision one and paragraph (b) of subdivision\nthree of section …

§ 2.16 Watershed protection and enforcement officers; powers, duties,\n jurisdiction for arrests.\n 1. Watershed protection and enforcement officers appointed by the city\nof Peekskill shall have the powers set forth in paragraphs (a), (b),\n(c), (f), (g), and (h) of subdivision …

§ 2.20 Powers of peace officers.\n 1. The persons designated in section 2.10 of this article shall have\nthe following powers:\n (a) The power to make warrantless arrests pursuant to section 140.25\nof this chapter.\n (b) The power to use physical force and deadly physical force …

§ 2.30 Training requirements for peace officers.\n 1. Every peace officer in the state of New York must successfully\ncomplete a training program, a portion of which shall be prescribed by\nthe municipal police training council and a portion of which shall be\nprescribed by his o…

§ 20.10 Geographical jurisdiction of offenses; definitions of terms.\n The following definitions are applicable to this article:\n 1. "This state" means New York State as its boundaries are prescribed\nin the state law, and the space over it.\n 2. "County" means any of the sixty-…

§ 20.20 Geographical jurisdiction of offenses; jurisdiction of state.\n Except as otherwise provided in this section and section 20.30, a\nperson may be convicted in the criminal courts of this state of an\noffense defined by the laws of this state, committed either by his own\nc…

§ 20.30 Geographical jurisdiction of offenses; effect of laws of other\n jurisdictions upon this state's jurisdiction.\n 1. Notwithstanding the provisions of section 20.20, the courts of\nthis state do not have jurisdiction to convict a person of an alleged\noffense partly commit…

§ 20.40 Geographical jurisdiction of offenses; jurisdiction of counties.\n A person may be convicted in an appropriate criminal court of a\nparticular county, of an offense of which the criminal courts of this\nstate have jurisdiction pursuant to section 20.20, committed either b…

§ 20.50 Geographical jurisdiction of offenses; jurisdiction of cities,\n towns and villages.\n 1. The principles prescribed in section 20.40, governing geographical\njurisdiction over offenses as between counties of this state, are, where\nappropriate, applicable to the determina…

§ 20.60 Geographical jurisdiction of offenses; communications and\n transportation of property between jurisdictions.\n For purposes of this article:\n 1. An oral or written statement made by a person in one jurisdiction\nto a person in another jurisdiction by means of telecommun…

§ 200.10 Indictment; definition.\n An indictment is a written accusation by a grand jury, filed with a\nsuperior court, charging a person, or two or more persons jointly, with\nthe commission of a crime, or with the commission of two or more\noffenses at least one of which is a c…

§ 200.15 Superior court information; definition.\n A superior court information is a written accusation by a district\nattorney filed in a superior court pursuant to article one hundred\nninety-five, charging a person, or two or more persons jointly, with the\ncommission of a cri…

§ 200.20 Indictment; what offenses may be charged; joinder of offenses\n and consolidation of indictments.\n 1. An indictment must charge at least one crime and may, in addition,\ncharge in separate counts one or more other offenses, including petty\noffenses, provided that all s…

§ 200.30 Indictment; duplicitous counts prohibited.\n 1. Each count of an indictment may charge one offense only.\n 2. For purpose of this section, a statutory provision which defines\nthe offense named in the title thereof by providing, in different\nsubdivisions or paragraphs, …

§ 200.40 Indictment; joinder of defendants and consolidation of\n indictments against different defendants.\n 1. Two or more defendants may be jointly charged in a single\nindictment provided that:\n (a) all such defendants are jointly charged with every offense alleged\ntherein;…

§ 200.50 Indictment; form and content.\n An indictment must contain:\n 1. The name of the superior court in which it is filed; and\n 2. The title of the action and, where the defendant is a juvenile\noffender, a statement in the title that the defendant is charged as a\njuvenile …

§ 200.60 Indictment; allegations of previous convictions prohibited.\n 1. When the fact that the defendant has been previously convicted of\nan offense raises an offense of lower grade to one of higher grade and\nthereby becomes an element of the latter, an indictment for such hi…

§ 200.61 Indictment; special information for operators of for-hire\n vehicles.\n 1. The provisions of this section shall govern the procedures for\ndetermining whether a defendant is eligible to receive the sentence set\nforth in subdivision one of section 60.07 of the penal law …

§ 200.62 Indictment; special information for child sexual assault\n offender.\n 1. Whenever a person is charged with the commission or attempted\ncommission of an offense defined in article one hundred thirty of the\npenal law which constitutes a felony and it appears that the vi…

§ 200.63 Indictment; special information for aggravated family offense.\n 1. Whenever a person is charged with the commission or attempted\ncommission of an aggravated family offense as defined in section 240.75\nof the penal law, an indictment or information for such offense sha…