Title CPL, Criminal Procedure

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

§ 200.70 Indictment; amendment of. 1. At any time before or during trial, the court may, upon application of the people and with notice to the defendant and opportunity to be heard, order the amendment of an indictment with respect to defects, errors or variances from the proof r…

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

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

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

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

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

§ 210.16 Requirement of HIV related testing in certain cases. 1. (a) In a case where an indictment or a superior court information has been filed with a superior court which charges the defendant with a felony offense enumerated in any section of article one hundred thirty of the…

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

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

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

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

§ 210.40 Motion to dismiss indictment; in furtherance of justice. 1. An indictment or any count thereof may be dismissed in furtherance of justice, as provided in paragraph (i) of subdivision one of section 210.20, when, even though there may be no basis for dismissal as a matter…

§ 210.45 Motion to dismiss indictment; procedure. 1. A motion to dismiss an indictment pursuant to section 210.20 must be made in writing and upon reasonable notice to the people. If the motion is based upon the existence or occurrence of facts, the motion papers must contain swo…

§ 210.46 Adjournment in contemplation of dismissal in marihuana cases in a superior court. Upon or after arraignment in a superior court upon an indictment where the sole remaining count or counts charge a violation or violations of section 221.05, 221.10, 221.15, 221.35 or 221.4…

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

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

§ 215.10 Referral of selected felonies to dispute resolution. Upon or after arraignment in a local criminal court upon a felony complaint, or upon or after arraignment in a superior court upon an indictment or superior court information, and before final disposition thereof, the …

§ 215.20 Victim; definition. For purposes of section 215.10 of this article, "victim" means any person alleged to have sustained physical or financial injury to person or property as a direct result of the crime or crimes charged in a felony complaint, superior court information,…

§ 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. If an action has not been restored to the calendar within six months, or where the defendant has agreed to pay a fine, restitution or reparation but has not paid such fine, restitution or reparation, within one year, of the i…

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

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

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

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

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

§ 220.30 Plea; plea of guilty to part of indictment; plea covering other indictments. 1. A plea of guilty not embracing the entire indictment, entered pursuant to the provisions of subdivision four or five of section 220.10, is a "plea of guilty to part of the indictment." 2. The…

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

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

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

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

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

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

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

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

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

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

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

§ 245.10 Timing of discovery. 1. (a) Subject to subparagraph (iv) of this paragraph, the prosecution shall perform its initial discovery obligations under subdivision one of section 245.20 of this article as soon as practicable but not later than the time periods specified in sub…

§ 245.20 Automatic discovery. 1. Initial discovery for the defendant. The prosecution shall disclose to the defendant, and permit the defendant to discover, inspect, copy, photograph and test the following material and information in the possession, custody or control of the pros…

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

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

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

§ 245.40 Non-testimonial evidence from the defendant. 1. Availability. After the filing of an accusatory instrument, and subject to constitutional limitations, the court may, upon motion of the prosecution showing probable cause to believe the defendant has committed the crime, a…

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

§ 245.50 Certificates of compliance; readiness for trial. 1. By the prosecution. When the prosecution has, pursuant to this section, exercised due diligence and acted in good faith in making reasonable inquiries and efforts to obtain and provide the discovery required by subdivis…

§ 245.55 Flow of information. 1. Sufficient communication for compliance. The district attorney and the assistant responsible for the case, or, if the matter is not being prosecuted by the district attorney, the prosecuting agency and its assigned representative, shall endeavor t…

§ 245.60 Continuing duty to disclose. If either the prosecution or the defendant subsequently learns of additional material or information which it would have been under a duty to disclose pursuant to any provisions of this article had it known of it at the time of a previous dis…

§ 245.65 Work product. This article does not authorize discovery by a party of those portions of records, reports, correspondence, memoranda, or internal documents of the adverse party which are only the legal research, opinions, theories or conclusions of the adverse party or it…

§ 245.70 Protective orders. 1. Any discovery subject to protective order. Upon a showing of good cause by either party, the court may at any time order that discovery or inspection of any kind of material or information under this article be denied, restricted, conditioned or def…