0 chapters · 591 sections in this title.
N.Y. Criminal Procedure Law § 450.50 Appeal by people from order suppressing evidence; filing of statement in appellate court
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§ 450.50 Appeal by people from order suppressing evidence; filing of\n statement in appellate court.\n 1. In taking an appeal, pursuant to subdivision eight of section\n450.20, to an intermediate appellate court from an order of a criminal\ncourt suppressing evidence, the people …
N.Y. Criminal Procedure Law § 450.55 Appeal by people from order reducing a count of an indictment or directing the filing of a prosecutor's information
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§ 450.55 Appeal by people from order reducing a count of an indictment\n or directing the filing of a prosecutor's information.\n In taking an appeal to an intermediate appellate court pursuant to\nsubdivision one-a of section 450.20, the people shall file a notice of\nappeal. Up…
N.Y. Criminal Procedure Law § 450.60 Appeal to intermediate appellate court; to what court taken
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§ 450.60 Appeal to intermediate appellate court; to what court taken.\n The particular intermediate appellate courts to which appeals\nauthorized by sections 450.10 and 450.20 must be taken are as follows:\n 1. An appeal from a judgment, sentence or order of the supreme court\nmu…
N.Y. Criminal Procedure Law § 450.70 Appeal by defendant directly to court of appeals; in what cases authorized
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§ 450.70 Appeal by defendant directly to court of appeals; in what\n cases authorized.\n An appeal directly to the court of appeals may be taken as of right by\nthe defendant from the following judgment and orders of a superior\ncourt:\n 1. A judgment including a sentence of deat…
N.Y. Criminal Procedure Law § 450.80 Appeal by people directly to court of appeals; in what cases authorized
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§ 450.80 Appeal by people directly to court of appeals; in what cases\n authorized.\n An appeal directly to the court of appeals may be taken as of right by\nthe people from the following orders of a superior court:\n 1. An order, entered pursuant to section 440.10, vacating a ju…
N.Y. Criminal Procedure Law § 450.90 Appeal to court of appeals from order of intermediate appellate court; in what cases authorized
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§ 450.90 Appeal to court of appeals from order of intermediate appellate\n court; in what cases authorized.\n 1. Provided that a certificate granting leave to appeal is issued\npursuant to section 460.20, an appeal may, except as provided in\nsubdivision two, be taken to the cour…
N.Y. Criminal Procedure Law § 460.10 Appeal; how taken
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§ 460.10 Appeal; how taken.\n 1. Except as provided in subdivisions two and three, an appeal taken\nas of right to an intermediate appellate court or directly to the court\nof appeals from a judgment, sentence or order of a criminal court is\ntaken as follows:\n (a) A party seeki…
N.Y. Criminal Procedure Law § 460.15 Certificate granting leave to appeal to intermediate appellate court
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§ 460.15. Certificate granting leave to appeal to intermediate\n appellate court.\n 1. A certificate granting leave to appeal to an intermediate\nappellate court is an order of one judge or justice of the intermediate\nappellate court to which the appeal is sought to be taken gra…
N.Y. Criminal Procedure Law § 460.20 Certificate granting leave to appeal to court of appeals
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§ 460.20 Certificate granting leave to appeal to court of appeals.\n 1. A certificate granting leave to appeal to the court of appeals\nfrom an order of an intermediate appellate court is an order of a judge\ngranting such permission and certifying that the case involves a\nquest…
N.Y. Criminal Procedure Law § 460.30 Extension of time for taking appeal
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§ 460.30 Extension of time for taking appeal.\n 1. Upon motion to an intermediate appellate court of a defendant who\ndesires to take an appeal to such court from a judgment, sentence or\norder of a criminal court but has failed to file a notice of appeal, an\napplication for lea…
N.Y. Criminal Procedure Law § 460.40 Effect of taking of appeal upon judgment or order of courts below; when stayed
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§ 460.40 Effect of taking of appeal upon judgment or order of courts\n below; when stayed.\n 1. The taking of an appeal by the defendant directly to the court of\nappeals, pursuant to subdivision one of section 450.70, from a superior\ncourt judgment including a sentence of death…
N.Y. Criminal Procedure Law § 460.50 Stay of judgment pending appeal to intermediate appellate court
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§ 460.50 Stay of judgment pending appeal to intermediate appellate\n court.\n 1. Upon application of a defendant who has taken an appeal to an\nintermediate appellate court from a judgment or from a sentence of a\ncriminal court, a judge designated in subdivision two may issue an…
N.Y. Criminal Procedure Law § 460.60 Stay of judgment pending appeal to court of appeals from intermediate appellate court
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§ 460.60 Stay of judgment pending appeal to court of appeals from\n intermediate appellate court.\n 1. (a) A judge who, pursuant to section 460.20 of this chapter, has\nreceived an application for a certificate granting a defendant leave to\nappeal to the court of appeals from an…
N.Y. Criminal Procedure Law § 460.70 Appeal; how perfected
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§ 460.70 Appeal; how perfected.\n 1. Except as provided in subdivision two, the mode of and time for\nperfecting an appeal which has been taken to an intermediate appellate\ncourt from a judgement, sentence or order of a criminal court are\ndetermined by rules of the appellate di…
N.Y. Criminal Procedure Law § 460.80 Appeal; argument and submission thereof
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§ 460.80 Appeal; argument and submission thereof.\n The mode of and procedure for arguing or otherwise litigating appeals\nin criminal cases are determined by rules of the individual appellate\ncourts. Among the matters to be determined by such court rules are the\ncircumstances …
N.Y. Criminal Procedure Law § 460.90 Filing of papers on appeal to the appellate division by electronic means
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§ 460.90 Filing of papers on appeal to the appellate division by\n electronic means.\n Notwithstanding any other provision of law, the appellate division in\neach judicial department may promulgate rules authorizing a program in\nthe use of electronic means for the taking and per…
N.Y. Criminal Procedure Law § 470.05 Determination of appeals; general criteria
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§ 470.05 Determination of appeals; general criteria.\n 1. An appellate court must determine an appeal without regard to\ntechnical errors or defects which do not affect the substantial rights\nof the parties.\n 2. For purposes of appeal, a question of law with respect to a ruling…
N.Y. Criminal Procedure Law § 470.10 Determination of appeals; definitions of terms
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§ 470.10 Determination of appeals; definitions of terms.\n The following definitions are applicable to this article:\n 1. "Reversal" by an appellate court of a judgment, sentence or order\nof another court means the vacating of such judgment, sentence or order.\n 2. "Modification…
N.Y. Criminal Procedure Law § 470.15 Determination of appeals by intermediate appellate courts; scope of review
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§ 470.15 Determination of appeals by intermediate appellate courts;\n scope of review.\n 1. Upon an appeal to an intermediate appellate court from a judgment,\nsentence or order of a criminal court, such intermediate appellate court\nmay consider and determine any question of law…
N.Y. Criminal Procedure Law § 470.20 Determination of appeals by intermediate appellate courts; corrective action upon reversal or modification
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§ 470.20 Determination of appeals by intermediate appellate courts;\n corrective action upon reversal or modification.\n Upon reversing or modifying a judgment, sentence or order of a\ncriminal court, an intermediate appellate court must take or direct such\ncorrective action as …
N.Y. Criminal Procedure Law § 470.25 Determination of appeals by intermediate appellate courts; form and content of order
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§ 470.25 Determination of appeals by intermediate appellate courts;\n form and content of order.\n 1. An order of an intermediate appellate court which affirms a\njudgment, sentence or order of a criminal court need only state such\naffirmance.\n 2. An order of an intermediate ap…
N.Y. Criminal Procedure Law § 470.30 Determination by court of appeals of appeals taken directly thereto from judgments and orders of criminal courts
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§ 470.30 Determination by court of appeals of appeals taken directly\n thereto from judgments and orders of criminal courts.\n 1. Wherever appropriate, the rules set forth in sections 470.15 and\n470.20, governing the consideration and determination by intermediate\nappellate cou…
N.Y. Criminal Procedure Law § 470.35 Determination by court of appeals of appeals from orders of intermediate appellate courts; scope of review
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§ 470.35 Determination by court of appeals of appeals from orders of\n intermediate appellate courts; scope of review.\n 1. Upon an appeal to the court of appeals from an order of an\nintermediate appellate court affirming a judgment, sentence or order of\na criminal court, the c…
N.Y. Criminal Procedure Law § 470.40 Determination by court of appeals of appeals from intermediate appellate courts; corrective action upon reversal or modification
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§ 470.40 Determination by court of appeals of appeals from intermediate\n appellate courts; corrective action upon reversal or\n modification.\n 1. Upon reversing or modifying an order of an intermediate appellate\ncourt affirming a criminal court judgment, sentence or order, the…
N.Y. Criminal Procedure Law § 470.45 Remission of case by appellate court to criminal court upon reversal or modification of judgment; action by criminal court
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§ 470.45 Remission of case by appellate court to criminal court upon\n reversal or modification of judgment; action by criminal\n court.\n Upon reversing or modifying a judgment and directing corrective\naction, an appellate court must remit the case to the criminal court in\nwhi…
N.Y. Criminal Procedure Law § 470.50 Reargument of appeal; motion and criteria for
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§ 470.50 Reargument of appeal; motion and criteria for.\n 1. After its determination of an appeal taken pursuant to article\nfour hundred fifty, an appellate court, in the interest of justice and\nfor good cause shown, may in its discretion, upon motion of a party\nadversely affe…
N.Y. Criminal Procedure Law § 470.55 Status of accusatory instrument upon order of new trial or restoration of action to pre-pleading status
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§ 470.55 Status of accusatory instrument upon order of new trial or\n restoration of action to pre-pleading status.\n 1. Upon a new trial of an accusatory instrument resulting from an\nappellate court order reversing a judgment and ordering such new trial,\nsuch accusatory instru…
N.Y. Criminal Procedure Law § 470.60 Dismissal of appeal
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§ 470.60 Dismissal of appeal.\n 1. At any time after an appeal has been taken and before\ndetermination thereof, the appellate court in which such appeal is\npending may, upon motion of the respondent or upon its own motion,\ndismiss such appeal upon the ground of mootness, lack …
N.Y. Criminal Procedure Law § 50.10 Compulsion of evidence by offer of immunity; definitions of terms
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§ 50.10 Compulsion of evidence by offer of immunity; definitions of\n terms.\n The following definitions are applicable to this article:\n 1. "Immunity." A person who has been a witness in a legal\nproceeding, and who cannot, except as otherwise provided in this\nsubdivision, be …
N.Y. Criminal Procedure Law § 50.20 Compulsion of evidence by offer of immunity
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§ 50.20 Compulsion of evidence by offer of immunity.\n 1. Any witness in a legal proceeding, other than a grand jury\nproceeding, may refuse to give evidence requested of him on the ground\nthat it may tend to incriminate him and he may not, except as provided\nin subdivision two…
N.Y. Criminal Procedure Law § 50.30 Authority to confer immunity in criminal proceedings; court a competent authority
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§ 50.30 Authority to confer immunity in criminal proceedings; court a\n competent authority.\n In any criminal proceeding, other than a grand jury proceeding, the\ncourt is a competent authority to confer immunity in accordance with the\nprovisions of section 50.20, but only when…
N.Y. Criminal Procedure Law § 500.10 Recognizance, bail and commitment; definitions of terms
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§ 500.10 Recognizance, bail and commitment; definitions of terms.\n As used in this title, and in this chapter generally, the following\nterms have the following meanings:\n 1. "Principal" means a defendant in a criminal action or proceeding,\nor a person adjudged a material witn…
N.Y. Criminal Procedure Law § 510.10 Securing order; when required; alternatives available; standard to be applied
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§ 510.10 Securing order; when required; alternatives available; standard\n to be applied.\n The imposition of a specific type of securing order is in some cases\nrequired by law and in other cases within the discretion of the court in\naccordance with the principles of, and pursu…
N.Y. Criminal Procedure Law § 510.15 Commitment of principal under seventeen or eighteen
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§ 510.15 Commitment of principal under seventeen or eighteen.\n 1. When a principal who is under the age of sixteen is committed to\nthe custody of the sheriff the court must direct that the principal be\ntaken to and lodged in a place certified by the office of children and\nfam…
N.Y. Criminal Procedure Law § 510.20 Application for a change in securing order
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§ 510.20 Application for a change in securing order.\n 1. Upon any occasion when a court has issued a securing order with\nrespect to a principal and the principal is confined in the custody of\nthe sheriff as a result of the securing order or a previously issued\nsecuring order,…
N.Y. Criminal Procedure Law § 510.30 Application for securing order; rules of law and criteria controlling determination
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§ 510.30 Application for securing order; rules of law and criteria\n controlling determination.\n 1. With respect to any principal, the court in all cases, unless\notherwise provided by law, must impose a securing order in accordance\nwith section 510.10 of this article, and shal…
N.Y. Criminal Procedure Law § 510.40 Court notification to principal of conditions of release and of alleged violations of conditions of release
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§ 510.40 Court notification to principal of conditions of release and of\n alleged violations of conditions of release.\n 1. Upon ordering that a principal be released on the principal's own\nrecognizance, or released under non-monetary conditions, or, if bail has\nbeen fixed, up…
N.Y. Criminal Procedure Law § 510.43 Court appearances: additional notifications
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§ 510.43 Court appearances: additional notifications.\n 1. The court or, upon direction of the court, a certified pretrial\nservices agency, shall notify all principals released under non-monetary\nconditions and on recognizance of all court appearances in advance by\ntext messag…
N.Y. Criminal Procedure Law § 510.45 Pretrial services agencies
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§ 510.45 Pretrial services agencies.\n 1. The office of court administration shall certify and regularly\nreview for recertification one or more pretrial services agencies in\neach county to monitor principals released under non-monetary\nconditions. Such office shall maintain a …
N.Y. Criminal Procedure Law § 510.50 Enforcement of securing order
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§ 510.50 Enforcement of securing order.\n 1. When the attendance of a principal confined in the custody of the\nsheriff is required at the criminal action or proceeding at a particular\ntime and place, the court may compel such attendance by directing the\nsheriff to produce the …
N.Y. Criminal Procedure Law § 520.10 Bail and bail bonds; fixing of bail and authorized forms thereof
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§ 520.10 Bail and bail bonds; fixing of bail and authorized forms\n thereof.\n 1. The only authorized forms of bail are the following:\n (a) Cash bail.\n (b) An insurance company bail bond.\n (c) A secured surety bond.\n (d) A secured appearance bond.\n (e) A partially secured su…
N.Y. Criminal Procedure Law § 520.15 Bail and bail bonds; posting of cash bail
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§ 520.15 Bail and bail bonds; posting of cash bail.\n 1. Where a court has fixed bail pursuant to subdivision two of section\n520.10, at any time after the principal has been committed to the\ncustody of the sheriff pending the posting thereof, cash bail in the\namount designated…
N.Y. Criminal Procedure Law § 520.20 Bail and bail bonds; posting of bail bond and justifying affidavits; form and contents thereof
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§ 520.20 Bail and bail bonds; posting of bail bond and justifying\n affidavits; form and contents thereof.\n 1. (a) Except as provided in paragraph (b) when a bail bond is to be\nposted in satisfaction of bail, the obligor or obligors must submit to\nthe court a bail bond in the …
N.Y. Criminal Procedure Law § 520.30 Bail and bail bonds; examination as to sufficiency
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§ 520.30 Bail and bail bonds; examination as to sufficiency.\n 1. Following the posting of a bail bond and the justifying affidavit\nor affidavits or the posting of cash bail, the court may conduct an\ninquiry for the purpose of determining the reliability of the obligors\nor per…
N.Y. Criminal Procedure Law § 520.40 Transfer of cash bail from local criminal court to superior court
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§ 520.40 Transfer of cash bail from local criminal court to superior\n court.\n When a local criminal court acquires control over the person of an\naccused and such court designates the amount of bail that the accused\nmay post and such bail is posted in cash and subsequently the…
N.Y. Criminal Procedure Law § 530.10 Order of recognizance release under non-monetary conditions or bail; in general
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§ 530.10 Order of recognizance release under non-monetary conditions or\n bail; in general.\n Under circumstances prescribed in this article, a court, upon\napplication of a defendant charged with or convicted of an offense, is\nrequired to issue a securing order for such defenda…
N.Y. Criminal Procedure Law § 530.11 Procedures for family offense matters
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§ 530.11 Procedures for family offense matters.\n 1. Jurisdiction. The family court and the criminal courts shall have\nconcurrent jurisdiction over any proceeding concerning acts which would\nconstitute disorderly conduct, unlawful dissemination or publication of\nan intimate im…
N.Y. Criminal Procedure Law § 530.12 Protection for victims of family offenses
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§ 530.12 Protection for victims of family offenses.\n 1. When a criminal action is pending involving a complaint charging\nany crime or violation between spouses, former spouses, parent and\nchild, or between members of the same family or household, as members of\nthe same family…
N.Y. Criminal Procedure Law § 530.13 Protection of victims of crimes, other than family offenses
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§ 530.13 Protection of victims of crimes, other than family offenses.\n 1. When any criminal action is pending, and the court has not issued a\ntemporary order of protection pursuant to section 530.12 of this\narticle, the court, in addition to the other powers conferred upon it …
N.Y. Criminal Procedure Law § 530.14 Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400
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§ 530.14 Suspension and revocation of a license to carry, possess,\n repair or dispose of a firearm or firearms pursuant to\n section 400.00 of the penal law and ineligibility for such a\n license; order to surrender firearms; order to seize\n firearms.\n 1. Suspension of firearm…