Title CPL, Criminal Procedure

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

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

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

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

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

§ 340.40 Modes of trial. 1. Except as otherwise provided in this section, a trial of an information in a local criminal court must be a single judge trial. 2. In any local criminal court a defendant who has entered a plea of not guilty to an information which charges a misdemeano…

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

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

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

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

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

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

§ 360.20 Trial jury; examination of prospective jurors; challenges generally. If no challenge to the panel is made as prescribed by section 360.15, or if such challenge is made and disallowed, the court must direct that the names of not less than six members of the panel be drawn…

§ 360.25 Trial jury; challenge for cause of an individual juror. 1. A challenge for cause is an objection to a prospective member of the jury and may be made only on the ground that: (a) He does not have the qualifications required by the judiciary law; or (b) He has a state of m…

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

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

§ 360.40 Trial jury; conduct of jury trial in general. A jury trial of an information must be conducted generally in the same manner as a jury trial of an indictment, and the rules governing preliminary instructions by the court, supervision of the jury, motion practice and other…

§ 360.45 Court's charge and instructions; in general. The general principles, prescribed in section 300.10, governing the court's charge to the jury and requests to charge upon a trial of an indictment, are applicable to a jury trial of an information in a local criminal court. …

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

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

§ 370.10 Proceedings from verdict to sentence. The provisions of article three hundred thirty, governing the proceedings from verdict to sentence in an action prosecuted by indictment in a superior court, are applicable to a prosecution by information in a local criminal court; p…

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

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

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

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

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

§ 380.40 Defendant's presence at sentencing. 1. In general. The defendant must be personally present at the time sentence is pronounced. 2. Exception. Where sentence is to be pronounced for a misdemeanor or for a petty offense, the court may, on motion of the defendant, dispense …

§ 380.50 Statements at time of sentence. 1. At the time of pronouncing sentence, the court must accord the prosecutor an opportunity to make a statement with respect to any matter relevant to the question of sentence. The court must then accord counsel for the defendant an opport…

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

§ 380.60 Authority for the execution of sentence. Except where a sentence of death is pronounced, a sentence and commitment or certificate of conviction showing the sentence pronounced by the court, or a certified copy thereof, constitutes the authority for execution of the sente…

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

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

§ 380.80 Reporting sentence to social services. Whenever a person receives a sentence of imprisonment, the court that has sentenced such person shall deliver the certificate of conviction and provide notification of the sentence imposed to the commissioner of social services who,…

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

§ 380.90 Reporting sentences to schools. 1. "Designated educational official" shall mean (a) an employee or representative of a school district who is designated by the school district or (b) an employee or representative of a charter school or private elementary or secondary sch…

* § 380.95 Reporting convictions of certain school employees. Upon conviction of a teacher, as defined in subparagraph three of paragraph b of subdivision seven-a of section three hundred five of the education law, of a sex offense or sex offenses defined in subparagraph two of p…

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

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

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

§ 390.10 Requirement of fingerprint report. In any case where the defendant is convicted of an offense specified in subdivision one of section 160.10, the court may not pronounce sentence until it has received a fingerprint report from the division of criminal justice services or…

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

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

§ 390.30 Scope of pre-sentence investigation and report. 1. The investigation. The pre-sentence investigation consists of the gathering of information with respect to the circumstances attending the commission of the offense, the defendant's history of delinquency or criminality,…

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

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

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

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

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

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

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