Title CPL, Criminal Procedure

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

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

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

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

§ 400.16 Procedure for determining whether defendant is a persistent\n violent felony 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 of a violent felony o…

§ 400.19 Procedure for determining whether defendant is a second child\n sexual assault felony 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 of a felony …

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

§ 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.\n The certificate of the commissioner of correction or of the warden or\nother chief officer of any prison, or of the superintendent or other\nchief officer of any penitentiary under the seal of his office\ncontaining name of person, a statement…

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

§ 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\n sentence in certain cases.\n 1. Applicability. Where a conviction is entered for an unclassified\nmisdemeanor or for a traffic infraction and the authorized sentence\ndepends upon whether the defendant has …

§ 410.10 Specification of conditions of the sentence.\n 1. When the court pronounces a sentence of probation or of conditional\ndischarge it must specify as part of the sentence the conditions to be\ncomplied with. Where the sentence is one of probation, the defendant\nmust be gi…

§ 410.20 Modification or enlargement of conditions.\n 1. The court may modify or enlarge the conditions of a sentence of\nprobation or of conditional discharge at any time prior to the\nexpiration or termination of the period of the sentence. Such action\nmay not, however, be tak…

§ 410.30 Declaration of delinquency.\n If at any time during the period of a sentence of probation or of\nconditional discharge the court has reasonable cause to believe that the\ndefendant has violated a condition of the sentence, it may declare the\ndefendant delinquent and fil…

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

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

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

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

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

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

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

* § 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.\n When the court imposes a fine, mandatory surcharge or fee upon an\nindividual who stands convicted of any offense, such individual may pay\nsuch fine, mandatory surcharge or fee by credit card or similar d…

§ 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\n corporations.\n Where a corporation is sentenced to pay a fine, restitution or\nreparation, the fine, restitution or reparation must be paid at the time\nsentence is imposed. If the fine, restitution or repara…

§ 420.30 Remission of fines, restitution or reparation.\n 1. Applicability. The procedure specified in this section governs\nremission of fines, restitution or reparation in all cases not covered\nby subdivision four of section 420.10.\n 2. Procedure. (a) Any superior court whic…

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

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

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

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

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

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

§ 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.\n 1. At any time after the entry of a judgment, the court in which the\njudgment was entered may, upon motion of the defendant, set aside the\nsentence upon the ground that it was unauthorized, illegally imposed or\notherwise i…

§ 440.30 Motion to vacate judgment and to set aside sentence; procedure.\n 1. (a) A motion to vacate a judgment pursuant to section 440.10 of\nthis article and a motion to set aside a sentence pursuant to section\n440.20 of this article must be made in writing and upon reasonable…

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

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

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

§ 440.47 Motion for resentence; domestic violence cases.\n 1. (a) Notwithstanding any contrary provision of law, any person\nconfined in an institution operated by the department of correction and\ncommunity supervision serving a sentence with a minimum or determinate\nterm of ei…

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

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

§ 440.60 Notification of invalid sentences of probation.\n Whenever it shall appear to the satisfaction of the appropriate\ndirector of the probation department that a person sentenced pursuant to\narticle sixty of the penal law has received a sentence which is invalid\nas a matt…

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

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

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

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

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

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

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