Title CPL, Criminal Procedure

§ 40.50 Previous prosecution; enterprise corruption. 1. The following definitions are applicable to this section: (a) A criminal act or offense is "specifically included" when a count of an accusatory instrument charging a person with enterprise corruption alleges a pattern of cr…

§ 40.51 Previous prosecution: presidential reprieve, pardon or other form of clemency. When a person has been granted a reprieve, pardon or other form of clemency for an offense pursuant to the authority granted in section two of article two of the United States constitution, a s…

§ 400.10 Pre-sentence conference. 1. Authorization and purpose. Before pronouncing sentence, the court, in its discretion, may hold one or more pre-sentence conferences in open court or in chambers in order to (a) resolve any discrepancies between the pre-sentence report, or othe…

§ 400.15 Procedure for determining whether defendant is a second violent felony offender. 1. Applicability. The provisions of this section govern the procedure that must be followed in any case where it appears that a defendant who stands convicted of a violent felony offense as …

§ 400.16 Procedure for determining whether defendant is a persistent violent felony offender. 1. Applicability. The provisions of this section govern the procedure that must be followed in any case where it appears that a defendant who stands convicted of a violent felony offense…

§ 400.19 Procedure for determining whether defendant is a second child sexual assault felony offender. 1. Applicability. The provisions of this section govern the procedure that must be followed in any case where it appears that a defendant who stands convicted of a felony offens…

§ 400.20 Procedure for determining whether defendant should be sentenced as a persistent felony offender. 1. Applicability. The provisions of this section govern the procedure that must be followed in order to impose the persistent felony offender sentence authorized by subdivisi…

§ 400.21 Procedure for determining whether defendant is a second felony\n offender or a second felony drug offender.\n 1. Applicability. The provisions of this section govern the procedure\nthat must be followed in any case where it appears that a defendant who\nstands convicted …

§ 400.22 Evidence of imprisonment. The certificate of the commissioner of correction or of the warden or other chief officer of any prison, or of the superintendent or other chief officer of any penitentiary under the seal of his office containing name of person, a statement of t…

§ 400.27 Procedure for determining sentence upon conviction for the offense of murder in the first degree. 1. Upon the conviction of a defendant for the offense of murder in the first degree as defined by section 125.27 of the penal law, the court shall promptly conduct a separat…

§ 400.30 Procedure for determining the amount of a fine based upon the\n defendant's gain from the offense.\n 1. Order directing a hearing. In any case where the court is of the\nopinion that the sentence should consist of or include a fine and that,\npursuant to article eighty o…

§ 400.40 Procedure for determining prior convictions for the purpose of sentence in certain cases. 1. Applicability. Where a conviction is entered for an unclassified misdemeanor or for a traffic infraction and the authorized sentence depends upon whether the defendant has a prev…

§ 410.10 Specification of conditions of the sentence. 1. When the court pronounces a sentence of probation or of conditional discharge it must specify as part of the sentence the conditions to be complied with. Where the sentence is one of probation, the defendant must be given a…

§ 410.20 Modification or enlargement of conditions. 1. The court may modify or enlarge the conditions of a sentence of probation or of conditional discharge at any time prior to the expiration or termination of the period of the sentence. Such action may not, however, be taken un…

§ 410.30 Declaration of delinquency. If at any time during the period of a sentence of probation or of conditional discharge the court has reasonable cause to believe that the defendant has violated a condition of the sentence, it may declare the defendant delinquent and file a w…

§ 410.40 Notice to appear, warrant. 1. Notice to appear. The court may at any time order that a person who is under a sentence of probation or of conditional discharge appear before it. Such order may be in the form of a written notice, specifying the time and place of appearance…

§ 410.50 Custody and supervision of probationers. 1. Custody. A person who is under a sentence of probation is in the legal custody of the court that imposed it pending expiration or termination of the period of the sentence. 2. Supervision. The probation department serving the c…

§ 410.60 Appearance before court. A person who has been taken into custody pursuant to section 410.40 or section 410.50 of this article for violation of a condition of a sentence of probation or a sentence of conditional discharge must forthwith be brought before the court that i…

§ 410.70 Hearing on violation. 1. In general. The court may not revoke a sentence of probation or a sentence of conditional discharge, or extend a period of probation, unless (a) the court has found that the defendant has violated a condition of the sentence and (b) the defendant…

§ 410.80 Transfer of supervision of probationers. 1. Authority to transfer supervision. Where a probationer at the time of sentencing or an interim probationer at the time of the imposition of the period of interim probation supervision resides in another jurisdiction within the …

§ 410.90 Termination of sentence. 1. The court may at any time terminate either a period of probation, other than a period of lifetime probation, for conviction to a crime or a period of conditional discharge for an offense. 2. The court may terminate a period of probation for a …

§ 410.90-a Superior court; youth part. Notwithstanding any other provisions of this article, all proceedings relating to a juvenile offender or adolescent offender shall be heard in the youth part of the superior court having jurisdiction and any intrastate transfers under this a…

* § 410.91 Sentence of parole supervision.\n 1. A sentence of parole supervision is an indeterminate sentence of\nimprisonment, or a determinate sentence of imprisonment imposed pursuant\nto paragraphs (b) and (d) of subdivision three of section 70.70 of the\npenal law, which may…

§ 420.05 Payment of fines, mandatory surcharges and fees by credit card. When the court imposes a fine, mandatory surcharge or fee upon an individual who stands convicted of any offense, such individual may pay such fine, mandatory surcharge or fee by credit card or similar devic…

§ 420.10 Collection of fines, restitution or reparation.\n 1. Alternative methods of payment. When the court imposes a fine upon\nan individual, it shall designate the official other than the district\nattorney to whom payment is to be remitted. When the court imposes\nrestitutio…

§ 420.20 Collection of fines, restitution or reparation imposed upon corporations. Where a corporation is sentenced to pay a fine, restitution or reparation, the fine, restitution or reparation must be paid at the time sentence is imposed. If the fine, restitution or reparation i…

§ 420.30 Remission of fines, restitution or reparation. 1. Applicability. The procedure specified in this section governs remission of fines, restitution or reparation in all cases not covered by subdivision four of section 420.10. 2. Procedure. (a) Any superior court which has …

§ 420.35 Mandatory surcharge and crime victim assistance fee; applicability to sentences mandating payment of fines. 1. The provisions of section 420.10 of this article governing the collection of fines and the provisions of section 420.40 of this article governing deferral of ma…

§ 420.40 Deferral of a mandatory surcharge; financial hardship hearings. 1. Applicability. The procedure specified in this section governs the deferral of the obligation to pay all or part of a mandatory surcharge, sex offender registration fee or DNA databank fee imposed pursuan…

§ 420.45 Post-trial motion relating to certain instruments affecting residential real property. 1. When a defendant has been convicted after a trial or pled guilty to any crime that affects the title to, encumbrance of, or the possession of, real property and where there is an in…

§ 430.10 Sentence of imprisonment not to be changed after commencement. Except as otherwise specifically authorized by law, when the court has imposed a sentence of imprisonment and such sentence is in accordance with law, such sentence may not be changed, suspended or interrupte…

§ 430.20 Commitment of defendant. 1. In general. When a sentence of imprisonment is pronounced, or when th sentence consists of a fine and the court has directed that the defendant be imprisoned until it is satisfied, the defendant must forthwith be committed to the custody of th…

§ 430.30 Duty to deliver defendant. In counties contained within New York City and in counties that have a commissioner of correction who is responsible for detention of defendants in criminal actions, it is the duty of the commissioner of correction of such city or county to del…

§ 440.10 Motion to vacate judgment.\n 1. At any time after the entry of a judgment, the court in which it\nwas entered may, upon motion of the defendant, vacate such judgment upon\nthe ground that:\n (a) The court did not have jurisdiction of the action or of the person\nof the d…

§ 440.20 Motion to set aside sentence; by defendant. 1. At any time after the entry of a judgment, the court in which the judgment was entered may, upon motion of the defendant, set aside the sentence upon the ground that it was unauthorized, illegally imposed or otherwise invali…

§ 440.30 Motion to vacate judgment and to set aside sentence; procedure. 1. (a) A motion to vacate a judgment pursuant to section 440.10 of this article and a motion to set aside a sentence pursuant to section 440.20 of this article must be made in writing and upon reasonable not…

§ 440.40 Motion to set aside sentence; by people. 1. At any time not more than one year after the entry of a judgment, the court in which it was entered may, upon motion of the people, set aside the sentence upon the ground that it was invalid as a matter of law. 2. Notwithstandi…

§ 440.46 Motion for resentence; certain controlled substance offenders. 1. Any person in the custody of the department of corrections and community supervision convicted of a class B felony offense defined in article two hundred twenty of the penal law which was committed prior t…

§ 440.46-a Motion for resentence; persons convicted of certain marihuana offenses. 1. When a person is serving a sentence for a conviction in this state, whether by trial verdict or guilty plea, under former article two hundred twenty-one of the penal law, and such persons' condu…

§ 440.47 Motion for resentence; domestic violence cases. 1. (a) Notwithstanding any contrary provision of law, any person confined in an institution operated by the department of correction and community supervision serving a sentence with a minimum or determinate term of eight y…

§ 440.50 Notice to crime victims of case disposition. 1. Upon the request of a victim of a crime, or in any event in all cases in which the final disposition includes a conviction of a violent felony offense as defined in section 70.02 of the penal law, a felony defined in articl…

§ 440.55 Notice to education department where a licensed professional has been convicted of a felony. The district attorney shall give written notification to the department of education upon the conviction of a felony of any person holding a license pursuant to title eight of th…

§ 440.60 Notification of invalid sentences of probation. Whenever it shall appear to the satisfaction of the appropriate director of the probation department that a person sentenced pursuant to article sixty of the penal law has received a sentence which is invalid as a matter of…

§ 440.65 Notice to child protective agency of conviction for certain crimes against a child. Upon conviction of any person for a crime under article one hundred twenty, article one hundred twenty-five, article one hundred thirty, article two hundred sixty or article two hundred s…

§ 440.70 Notice to the secretary of state when false financing statement filed. Upon conviction of any person for a crime where the defendant intentionally filed or caused to be filed a financing statement pursuant to article nine of the uniform commercial code on form UCC1 that …

§ 450.10 Appeal by defendant to intermediate appellate court; in what cases authorized as of right. An appeal to an intermediate appellate court may be taken as of right by the defendant from the following judgment, sentence and order of a criminal court: 1. A judgment other than…

§ 450.15 Appeal by defendant to intermediate appellate court; in what cases authorized by permission. If an appeal by defendant is not authorized as of right pursuant to section 450.10, the defendant may appeal from the following orders of a criminal court, provided that a certif…

§ 450.20 Appeal by people to intermediate appellate court; in what cases authorized. An appeal to an intermediate appellate court may be taken as of right by the people from the following sentence and orders of a criminal court: 1. An order dismissing an accusatory instrument or …

§ 450.30 Appeal from sentence. 1. An appeal by the defendant from a sentence, as authorized by subdivision two of section 450.10, may be based upon the ground that such sentence either was (a) invalid as a matter of law, or (b) harsh or excessive. A sentence is invalid as a matte…

§ 450.40 Appeal by people from trial order of dismissal. 1. An appeal by the people from a trial order of dismissal, as authorized by subdivision two of section 450.20, may, as indicated by section 290.10, be based either (a) upon the ground that the evidence adduced at the trial…