Title CPL, Criminal Procedure

* § 185.10 Definition of terms. As used in this article: 1. "Independent audio-visual system" shall mean an electronic system for the transmission and receiving of audio and visual signals, encompassing encoded signals, frequency domain multiplexing or other suitable means to pre…

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

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

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

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

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

§ 190.15 Grand jury; duration of term and discharge. 1. A term of a superior court for which a grand jury has been impaneled remains in existence at least until and including the opening date of the next term of such court for which a grand jury has been designated. Upon such dat…

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

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

§ 190.30 Grand jury; rules of evidence. 1. Except as otherwise provided in this section, the provisions of article sixty, governing rules of evidence and related matters with respect to criminal proceedings in general, are, where appropriate, applicable to grand jury proceedings.…

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

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

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

§ 190.45 Grand jury; waiver of immunity. 1. A waiver of immunity is a written instrument subscribed by a person who is or is about to become a witness in a grand jury proceeding, stipulating that he waives his privilege against self-incrimination and any possible or prospective i…

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

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

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

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

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

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

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

§ 190.75 Grand jury; dismissal of charge. 1. If upon a charge that a designated person committed a crime, either (a) the evidence before the grand jury is not legally sufficient to establish that such person committed such crime or any other offense, or (b) the grand jury is not …

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

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

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

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

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

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

§ 195.40 Waiver of indictment; filing of superior court information. When indictment is waived in a superior court the district attorney shall file a superior court information in such court at the time the waiver is executed. When indictment is waived in a local criminal court t…

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

§ 2.15 Federal law enforcement officers; powers. The following federal law enforcement officers shall have the powers set forth in paragraphs (a) (with the exception of the powers provided by paragraph (b) of subdivision one and paragraph (b) of subdivision three of section 140.2…

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

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

§ 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. The following definitions are applicable to this article: 1. "This state" means New York State as its boundaries are prescribed in the state law, and the space over it. 2. "County" means any of the sixty-two cou…

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

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

§ 20.40 Geographical jurisdiction of offenses; jurisdiction of counties. A person may be convicted in an appropriate criminal court of a particular county, of an offense of which the criminal courts of this state have jurisdiction pursuant to section 20.20, committed either by hi…

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

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

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

§ 200.15 Superior court information; definition. A superior court information is a written accusation by a district attorney filed in a superior court pursuant to article one hundred ninety-five, charging a person, or two or more persons jointly, with the commission of a crime, o…

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

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

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

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

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

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

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

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