Title CPL, Criminal Procedure

§ 330.40 Motion to set aside verdict; procedure.\n 1. A motion to set aside a verdict based upon a ground specified in\nsubdivision one of section 330.30 need not be in writing, but the people\nmust be given reasonable notice thereof and an opportunity to appear in\nopposition th…

§ 330.50 Motion to set aside verdict; order granting motion.\n 1. Upon setting aside or modifying a verdict or a part thereof upon a\nground specified in subdivision one of section 330.30, the court must\ntake the same action as the appropriate appellate court would be\nrequired …

§ 340.10 Definition of terms.\n The following definitions are applicable to this title:\n 1. "Information," in addition to its meaning as defined in\nsubdivision one of section 100.10, includes (a) a simplified information\nand (b) a prosecutor's information and (c) a misdemeanor…

§ 340.20 The plea.\n 1. Except as provided in subdivisions two and three, the provisions\nof article two hundred twenty, governing the kinds of pleas to\nindictments which may be entered and related matters, are, to the extent\nthat they can be so applied, applicable to pleas to …

§ 340.30 Pre-trial discovery and notices of defenses.\n The provisions of article two hundred forty-five of this part,\nconcerning pre-trial discovery by a defendant under indictment in a\nsuperior court, and article two hundred fifty of this part, concerning\npre-trial notice to…

§ 340.40 Modes of trial.\n 1. Except as otherwise provided in this section, a trial of an\ninformation in a local criminal court must be a single judge trial.\n 2. In any local criminal court a defendant who has entered a plea of\nnot guilty to an information which charges a misd…

§ 340.50 Defendant's presence at trial.\n 1. Except as provided in subdivision two or three, a defendant must\nbe personally present during the trial.\n 2. On motion of a defendant represented by counsel, the court may, in\nthe absence of an objection by the people, issue an orde…

§ 350.10 Conduct of single judge trial.\n 1. A single judge trial of an information in a local criminal court\nmust be conducted pursuant to this section.\n 2. The court, in addition to determining all questions of law, is the\nexclusive trier of all issues of fact and must rende…

§ 350.20 Trial by judicial hearing officer.\n 1. Notwithstanding any provision of section 350.10 of this article, in\nany case where a single judge trial of an information in a local\ncriminal court is authorized or required, the court may, upon agreement\nof the parties, assign …

§ 360.05 Jury trial; order of trial.\n The provisions of section 260.30, governing the order of proceedings\nof a jury trial of an indictment in a superior court, are applicable to\na jury trial of an information in a local criminal court.\n

§ 360.10 Trial jury; formation in general.\n 1. A trial jury consists of six jurors, but "alternate jurors" may be\nselected and sworn pursuant to section 360.35.\n 2. The panel from which the jury is drawn is formed and selected as\nprescribed in the uniform district court act, …

§ 360.15 Trial jury; challenge to the panel.\n 1. A challenge to the panel is an objection made to the entire panel\nof prospective trial jurors returned for the trial of the action and may\nbe taken to such panel or to any additional panel that may be ordered by\nthe court. Such…

§ 360.20 Trial jury; examination of prospective jurors; challenges\n generally.\n If no challenge to the panel is made as prescribed by section 360.15,\nor if such challenge is made and disallowed, the court must direct that\nthe names of not less than six members of the panel be…

§ 360.25 Trial jury; challenge for cause of an individual juror.\n 1. A challenge for cause is an objection to a prospective member of\nthe jury and may be made only on the ground that:\n (a) He does not have the qualifications required by the judiciary law;\nor\n (b) He has a st…

§ 360.30 Trial jury; peremptory challenge of an individaul juror.\n 1. A peremptory challenge is an objection to a prospective juror for\nwhich no reason need be assigned. Upon any peremptory challenge, the\ncourt must exclude the person challenged from service.\n 2. Each party m…

§ 360.35 Trial jury; alternate juror.\n 1. Immediately after the last trial juror is sworn, the court may in\nits discretion direct the selection of either one or two additional\njurors to be known as "alternate jurors." The alternate jurors must be\ndrawn in the same manner, mus…

§ 360.40 Trial jury; conduct of jury trial in general.\n A jury trial of an information must be conducted generally in the same\nmanner as a jury trial of an indictment, and the rules governing\npreliminary instructions by the court, supervision of the jury, motion\npractice and …

§ 360.45 Court's charge and instructions; in general.\n The general principles, prescribed in section 300.10, governing the\ncourt's charge to the jury and requests to charge upon a trial of an\nindictment, are applicable to a jury trial of an information in a local\ncriminal cou…

§ 360.50 Court's submission of information to jury; counts and offenses\n to be submitted.\n 1. The term definitions contained in section 300.30 are applicable to\nthis section, except that the word "information" is to be substituted\nfor the word "indictment" wherever the latter…

§ 360.55 Deliberation and verdict of jury.\n The provisions of article three hundred ten, governing the\ndeliberation and verdict of a jury upon a jury trial of an indictment in\na superior court, are applicable to a jury trial of an information in a\nlocal criminal court.\n

§ 370.10 Proceedings from verdict to sentence.\n The provisions of article three hundred thirty, governing the\nproceedings from verdict to sentence in an action prosecuted by\nindictment in a superior court, are applicable to a prosecution by\ninformation in a local criminal cou…

§ 370.15 Procedure for determining whether certain misdemeanor crimes\n are serious offenses under the penal law.\n 1. When a defendant has been charged with assault in the third degree,\nmenacing in the third degree, menacing in the second degree, criminal\nobstruction of breath…

§ 370.25 Procedure for the surrender of firearms, rifles and shotguns\n upon judgment of conviction for a felony or a serious\n offense.\n 1. Upon judgment of conviction for a felony or a serious offense, the\ncourt shall inquire of the defendant as to the existence of all\nfirea…

§ 380.10 Applicability.\n 1. In general. The procedure prescribed by this title applies to\nsentencing for every offense, whether defined within or outside of the\npenal law; provided, however, where a judicial hearing officer has\nconducted the trial pursuant to section 350.20 o…

§ 380.20 Sentence required.\n The court must pronounce sentence in every case where a conviction is\nentered. If an accusatory instrument contains multiple counts and a\nconviction is entered on more than one count the court must pronounce\nsentence on each count.\n

§ 380.30 Time for pronouncing sentence.\n 1. In general. Sentence must be pronounced without unreasonable delay.\n 2. Court to fix time. Upon entering a conviction the court must:\n (a) Fix a date for pronouncing sentence; or\n (b) Fix a date for one of the pre-sentence proceedin…

§ 380.40 Defendant's presence at sentencing.\n 1. In general. The defendant must be personally present at the time\nsentence is pronounced.\n 2. Exception. Where sentence is to be pronounced for a misdemeanor\nor for a petty offense, the court may, on motion of the defendant,\ndi…

§ 380.50 Statements at time of sentence.\n 1. At the time of pronouncing sentence, the court must accord the\nprosecutor an opportunity to make a statement with respect to any matter\nrelevant to the question of sentence. The court must then accord counsel\nfor the defendant an o…

§ 380.55 Application for waiver of costs, fees, and expenses on appeal.\n 1. Where counsel has been assigned to represent a defendant in a\ncriminal action on the ground that the defendant is financially unable\nto retain counsel, the court may in its discretion at the time of\ns…

§ 380.60 Authority for the execution of sentence.\n Except where a sentence of death is pronounced, a sentence and\ncommitment or certificate of conviction showing the sentence pronounced\nby the court, or a certified copy thereof, constitutes the authority for\nexecution of the …

§ 380.65 Sentence and commitment and order of protection to accompany\n defendant sentenced to imprisonment.\n A sentence and commitment or certificate of conviction, specifying the\nsection, and to the extent applicable, the subdivision, paragraph and\nsubparagraph of the penal …

* § 380.70 Minutes of sentence.\n In any case where a person receives an indeterminate or determinate\nsentence of imprisonment, a certified copy of the stenographic minutes\nof the sentencing proceeding must be delivered by the court to the\nperson in charge of the institution t…

§ 380.80 Reporting sentence to social services.\n Whenever a person receives a sentence of imprisonment, the court that\nhas sentenced such person shall deliver the certificate of conviction\nand provide notification of the sentence imposed to the commissioner of\nsocial services…

§ 380.85 Reporting sentences to office of professional medical conduct;\n licensed physician, physician assistant, or specialist\n assistant.\n Whenever a person who is a licensed physician, physician assistant, or\nspecialist assistant or a physician who is practicing under a li…

§ 380.90 Reporting sentences to schools.\n 1. "Designated educational official" shall mean (a) an employee or\nrepresentative of a school district who is designated by the school\ndistrict or (b) an employee or representative of a charter school or\nprivate elementary or secondar…

* § 380.95 Reporting convictions of certain school employees.\n Upon conviction of a teacher, as defined in subparagraph three of\nparagraph b of subdivision seven-a of section three hundred five of the\neducation law, of a sex offense or sex offenses defined in subparagraph\ntwo…

* § 380.95 Reporting convictions of certain school employees.\n Upon conviction of a school administrator or supervisor, as defined in\nsubparagraph three of paragraph b of subdivision seven-b of section\nthree hundred five of the education law, of an offense defined in\nsubparag…

§ 380.96 Obligation of sentencing court pursuant to article four hundred\n of the penal law.\n Upon judgment of conviction of any offense which would require the\nseizure of firearms, shotguns or rifles from an individual so convicted,\nand the revocation of any license or regist…

§ 380.97 Notification to division of criminal justice services of\n certain misdemeanor convictions.\n Upon judgment of conviction of assault in the third degree, menacing\nin the third degree, menacing in the second degree, criminal obstruction\nof breathing or blood circulation…

§ 390.10 Requirement of fingerprint report.\n In any case where the defendant is convicted of an offense specified\nin subdivision one of section 160.10, the court may not pronounce\nsentence until it has received a fingerprint report from the division of\ncriminal justice servic…

§ 390.15 Requirement of HIV related testing in certain cases.\n 1. (a) In any case where the defendant is convicted of a felony\noffense enumerated in any section of article one hundred thirty of the\npenal law, or any subdivision of section 130.20 of such law, where an\nact of "…

§ 390.20 Requirement of pre-sentence report.\n 1. Requirement for felonies. In any case where a person is convicted\nof a felony, the court must order a pre-sentence investigation of the\ndefendant and it may not pronounce sentence until it has received a\nwritten report of such …

§ 390.30 Scope of pre-sentence investigation and report.\n 1. The investigation. The pre-sentence investigation consists of the\ngathering of information with respect to the circumstances attending the\ncommission of the offense, the defendant's history of delinquency or\ncrimina…

§ 390.40 Defendant's or prosecutor's pre-sentence memorandum.\n 1. Either the defendant or prosecutor may, at any time prior to the\npronouncement of sentence, file with the court a written memorandum\nsetting forth any information he may deem pertinent to the question of\nsenten…

§ 390.50 Confidentiality of pre-sentence reports and memoranda.\n 1. In general. Any pre-sentence report or memorandum submitted to the\ncourt pursuant to this article and any medical, psychiatric or social\nagency report or other information gathered for the court by a probation…

§ 390.60 Copy of reports to accompany defendant sentenced to\n imprisonment.\n 1. Cases where copy of report is required. Whenever a person is\nsentenced to a term of imprisonment, a copy of any pre-sentence report\nprepared, a copy of any pre-sentence memorandum filed by the def…

§ 40.10 Previous prosecution; definitions of terms.\n The following definitions are applicable to this article:\n 1. "Offense." An "offense" is committed whenever any conduct is\nperformed which violates a statutory provision defining an offense; and\nwhen the same conduct or cri…

§ 40.20 Previous prosecution; when a bar to second prosecution.\n 1. A person may not be twice prosecuted for the same offense.\n 2. A person may not be separately prosecuted for two offenses based\nupon the same act or criminal transaction unless:\n (a) The offenses as defined h…

§ 40.30 Previous prosecution; what constitutes.\n 1. Except as otherwise provided in this section, a person "is\nprosecuted" for an offense, within the meaning of section 40.20, when he\nis charged therewith by an accusatory instrument filed in a court of\nthis state or of any ju…

§ 40.40 Separate prosecution of jointly prosecutable offenses; when\n barred.\n 1. Where two or more offenses are joinable in a single accusatory\ninstrument against a person by reason of being based upon the same\ncriminal transaction, pursuant to paragraph (a) of subdivision tw…