Title CPL, Criminal Procedure

§ 200.65 Indictment; special information for enterprise corruption and\n criminal possession or use of a biological weapon or chemical\n weapon.\n When filing an indictment which charges enterprise corruption in\nviolation of article four hundred sixty of the penal law, criminal\…

§ 200.70 Indictment; amendment of.\n 1. At any time before or during trial, the court may, upon application\nof the people and with notice to the defendant and opportunity to be\nheard, order the amendment of an indictment with respect to defects,\nerrors or variances from the pr…

§ 200.80 Indictment; superseding indictments.\n If at any time before entry of a plea of guilty to an indictment or\ncommencement of a trial thereof another indictment is filed in the same\ncourt charging the defendant with an offense charged in the first\nindictment, the first i…

§ 200.95 Indictment; bill of particulars.\n 1. Definitions. (a) "Bill of particulars" is a written statement by\nthe prosecutor specifying, as required by this section, items of factual\ninformation which are not recited in the indictment and which pertain to\nthe offense charged…

§ 210.05 Indictment and superior court information exclusive methods of\n prosecution.\n The only methods of prosecuting an offense in a superior court are by\nan indictment filed therewith by a grand jury or by a superior court\ninformation filed therewith by a district attorney…

§ 210.10 Requirement of and methods of securing defendant's appearance\n for arraignment upon indictment.\n After an indictment has been filed with a superior court, the\ndefendant must be arraigned thereon. He must appear personally at such\narraignment, and his appearance may b…

§ 210.15 Arraignment upon indictment; defendant's rights, court's\n instructions and bail matters.\n 1. Upon the defendant's arraignment before a superior court upon an\nindictment, the court must immediately inform him, or cause him to be\ninformed in its presence, of the charge…

§ 210.16 Requirement of HIV related testing in certain cases.\n 1. (a) In a case where an indictment or a superior court information\nhas been filed with a superior court which charges the defendant with a\nfelony offense enumerated in any section of article one hundred thirty\no…

§ 210.20 Motion to dismiss or reduce indictment.\n 1. After arraignment upon an indictment, the superior court may, upon\nmotion of the defendant, dismiss such indictment or any count thereof\nupon the ground that:\n (a) Such indictment or count is defective, within the meaning o…

§ 210.25 Motion to dismiss indictment; as defective.\n An indictment or a count thereof is defective within the meaning of\nparagraph (a) of subdivision one of section 210.20 when:\n 1. It does not substantially conform to the requirements stated in\narticle two hundred; provided…

§ 210.30 Motion to dismiss or reduce indictment on ground of\n insufficiency of grand jury evidence; motion to inspect grand\n jury minutes.\n 1. A motion to dismiss an indictment or a count thereof pursuant to\nparagraph (b) of subdivision one of section 210.20 or a motion to re…

§ 210.35 Motion to dismiss indictment; defective grand jury proceeding.\n A grand jury proceeding is defective within the meaning of paragraph\n(c) of subdivision one of section 210.20 when:\n 1. The grand jury was illegally constituted; or\n 2. The proceeding is conducted before…

§ 210.40 Motion to dismiss indictment; in furtherance of justice.\n 1. An indictment or any count thereof may be dismissed in furtherance\nof justice, as provided in paragraph (i) of subdivision one of section\n210.20, when, even though there may be no basis for dismissal as a\nm…

§ 210.45 Motion to dismiss indictment; procedure.\n 1. A motion to dismiss an indictment pursuant to section 210.20 must\nbe made in writing and upon reasonable notice to the people. If the\nmotion is based upon the existence or occurrence of facts, the motion\npapers must contai…

§ 210.46 Adjournment in contemplation of dismissal in marihuana cases\n in a superior court.\n Upon or after arraignment in a superior court upon an indictment where\nthe sole remaining count or counts charge a violation or violations of\nsection 221.05, 221.10, 221.15, 221.35 or…

§ 210.47 Adjournment in contemplation of dismissal in misdemeanor cases\n in superior court.\n Upon or after the arraignment in a superior court upon an indictment\nwhere the sole remaining count or counts charge a misdemeanor offense,\nand before the entry of a plea of guilty th…

§ 210.50 Requirement of plea.\n Unless an indictment is dismissed or the criminal action thereon\nterminated or abated pursuant to the provisions of this article or some\nother provision of law, the defendant must be required to enter a plea\nthereto.\n

§ 215.10 Referral of selected felonies to dispute resolution.\n Upon or after arraignment in a local criminal court upon a felony\ncomplaint, or upon or after arraignment in a superior court upon an\nindictment or superior court information, and before final disposition\nthereof,…

§ 215.20 Victim; definition.\n For purposes of section 215.10 of this article, "victim" means any\nperson alleged to have sustained physical or financial injury to person\nor property as a direct result of the crime or crimes charged in a\nfelony complaint, superior court informa…

§ 215.30 Adjournment in contemplation of dismissal; restoration to\n calendar; dismissal of action.\n Upon issuing an order adjourning an action in contemplation of\ndismissal pursuant to section 215.10 of this article, the court must\nrelease the defendant on his own recognizan…

§ 215.40 Dismissal of action; effect thereof; records.\n If an action has not been restored to the calendar within six months,\nor where the defendant has agreed to pay a fine, restitution or\nreparation but has not paid such fine, restitution or reparation, within\none year, of …

§ 216.00 Definitions.\n The following definitions are applicable to this article:\n 1. * "Eligible defendant" means any person who stands charged in an\nindictment or a superior court information with a class B, C, D or E\nfelony offense defined in article one hundred seventy-nin…

§ 216.05 Judicial diversion program; court procedures.\n 1. At any time after the arraignment of an eligible defendant, but\nprior to the entry of a plea of guilty or the commencement of trial, the\ncourt at the request of the eligible defendant, may order an alcohol and\nsubstan…

§ 220.10 Plea; kinds of pleas.\n The only kinds of pleas which may be entered to an indictment are\nthose specified in this section:\n 1. The defendant may as a matter of right enter a plea of "not guilty"\nto the indictment.\n 2. Except as provided in subdivision five, the defen…

§ 220.15 Plea; plea of not responsible by reason of mental disease or\n defect.\n 1. The defendant may, with both the permission of the court and the\nconsent of the people, enter a plea of not responsible by reason of\nmental disease or defect to the entire indictment. The distr…

§ 220.20 Plea; meaning of lesser included offense for plea purposes.\n 1. A "lesser included offense," within the meaning of subdivisions\nfour and five of section 220.10 relating to the entry of a plea of\nguilty to an offense of lesser grade than one charged in a count of an\ni…

§ 220.30 Plea; plea of guilty to part of indictment; plea covering other\n indictments.\n 1. A plea of guilty not embracing the entire indictment, entered\npursuant to the provisions of subdivision four or five of section\n220.10, is a "plea of guilty to part of the indictment."\…

§ 220.35 Hearing on predicate felony conviction.\n In any case where the defendant offers to enter a plea of guilty of a\nmisdemeanor to constitute a disposition of the entire indictment or to\nconstitute a complete disposition of one or more other indictments, or\nboth, and the …

§ 220.40 Plea; plea of not guilty; meaning.\n A plea of not guilty constitutes a denial of every allegation of the\nindictment.\n

§ 220.50 Plea; entry of plea.\n 1. A plea to an indictment, other than one against a corporation, must\nbe entered orally by the defendant in person; except that a plea to an\nindictment which does not charge a felony may, with the permission of\nthe court, be entered by counsel …

§ 220.51 Notice before entry of plea or trial involving a public\n official.\n Prior to trial, and before accepting a defendant's plea to a count or\ncounts of an indictment or a superior court information charging a\nfelony offense, the court must individually advise the defenda…

§ 220.60 Plea; change of plea.\n 1. A defendant who has entered a plea of not guilty to an indictment\nmay as a matter of right withdraw such plea at any time before rendition\nof a verdict and enter a plea of guilty to the entire indictment\npursuant to subdivision two, but subj…

§ 230.10 Removal of action; from supreme court to county court and from\n county court to supreme court; at instance of court.\n Upon order of an appropriate court or judge, made at its or his own\ninstance pursuant to rules established by the appellate division of the\nappropria…

§ 230.11 Removal of action to certain courts within a county.\n 1. In any county outside a city having a population of one million or\nmore, upon or after arraignment of a defendant on an indictment pending\nin a superior court having jurisdiction thereof, such court may, upon\nm…

§ 230.20 Removal of action; removal from county court to supreme court\n and change of venue; upon motion of party.\n 1. At any time within the period provided by section 255.20, the\nappellate division of the department embracing the county, upon motion\nof either the defendant …

§ 230.21 Removal of action to certain courts in an adjoining county.\n 1. In any county outside a city having a population of one million or\nmore, the court may, upon motion of the defendant and with consent of\nthe district attorney and the district attorney of the adjoining co…

§ 230.30 Removal of action; stay of trial pending motion therefor.\n 1. At any time when a timely motion for removal of an action from the\ncounty court to the supreme court or for a change of venue may be made\npursuant to section 230.20, a justice holding a term of the supreme\…

§ 230.40 Removal of action; determinations and rulings before and after\n removal; by which courts made.\n Upon any removal of an indictment and action from one superior court\nto another pursuant to the provisions of this article, determinations\nand rulings with respect to the …

§ 245.10 Timing of discovery.\n 1. (a) Subject to subparagraph (iv) of this paragraph, the prosecution\nshall perform its initial discovery obligations under subdivision one of\nsection 245.20 of this article as soon as practicable but not later than\nthe time periods specified i…

§ 245.20 Automatic discovery.\n 1. Initial discovery for the defendant. The prosecution shall disclose\nto the defendant, and permit the defendant to discover, inspect, copy,\nphotograph and test the following material and information in the\npossession, custody or control of the…

§ 245.25 Disclosure prior to certain guilty pleas.\n 1. Pre-indictment guilty pleas. Upon a felony complaint, where the\nprosecution has made a pre-indictment guilty plea offer requiring a plea\nto a crime, the prosecutor must disclose to the defense, and permit the\ndefense to d…

§ 245.30 Court orders for preservation, access or discovery.\n 1. Order to preserve evidence. At any time, a party may move for a\ncourt order to any individual, agency or other entity in possession,\ncustody or control of items which are required to be disclosed under\nsubdivisi…

§ 245.35 Court ordered procedures to facilitate compliance.\n To facilitate compliance with this article, and to reduce or\nstreamline litigation of any disputes about discovery, the court in its\ndiscretion may issue an order:\n 1. Requiring that the prosecutor and counsel for t…

§ 245.40 Non-testimonial evidence from the defendant.\n 1. Availability. After the filing of an accusatory instrument, and\nsubject to constitutional limitations, the court may, upon motion of the\nprosecution showing probable cause to believe the defendant has\ncommitted the cri…

§ 245.45 DNA comparison order.\n Where property in the prosecution's possession, custody, or control\nconsists of a deoxyribonucleic acid ("DNA") profile obtained from\nprobative biological material gathered in connection with the\ninvestigation of the crime, or the defendant, or…

§ 245.50 Certificates of compliance; readiness for trial.\n 1. By the prosecution. When the prosecution has, pursuant to this\nsection, exercised due diligence and acted in good faith in making\nreasonable inquiries and efforts to obtain and provide the discovery\nrequired by sub…

§ 245.55 Flow of information.\n 1. Sufficient communication for compliance. The district attorney and\nthe assistant responsible for the case, or, if the matter is not being\nprosecuted by the district attorney, the prosecuting agency and its\nassigned representative, shall endea…

§ 245.60 Continuing duty to disclose.\n If either the prosecution or the defendant subsequently learns of\nadditional material or information which it would have been under a duty\nto disclose pursuant to any provisions of this article had it known of\nit at the time of a previou…

§ 245.65 Work product.\n This article does not authorize discovery by a party of those portions\nof records, reports, correspondence, memoranda, or internal documents of\nthe adverse party which are only the legal research, opinions, theories\nor conclusions of the adverse party …

§ 245.70 Protective orders.\n 1. Any discovery subject to protective order. Upon a showing of good\ncause by either party, the court may at any time order that discovery or\ninspection of any kind of material or information under this article be\ndenied, restricted, conditioned o…