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 statement in appellate court. 1. In taking an appeal, pursuant to subdivision eight of section 450.20, to an intermediate appellate court from an order of a criminal court suppressing evidence, the people must f…
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 or directing the filing of a prosecutor's information. In taking an appeal to an intermediate appellate court pursuant to subdivision one-a of section 450.20, the people shall file a notice of appeal. Upon req…
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. The particular intermediate appellate courts to which appeals authorized by sections 450.10 and 450.20 must be taken are as follows: 1. An appeal from a judgment, sentence or order of the supreme court must be …
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 cases authorized. An appeal directly to the court of appeals may be taken as of right by the defendant from the following judgment and orders of a superior court: 1. A judgment including a sentence of death; 2. An…
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 authorized. An appeal directly to the court of appeals may be taken as of right by the people from the following orders of a superior court: 1. An order, entered pursuant to section 440.10, vacating a judgment …
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 court; in what cases authorized. 1. Provided that a certificate granting leave to appeal is issued pursuant to section 460.20, an appeal may, except as provided in subdivision two, be taken to the court of a…
N.Y. Criminal Procedure Law § 460.10 Appeal; how taken
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§ 460.10 Appeal; how taken. 1. Except as provided in subdivisions two and three, an appeal taken as of right to an intermediate appellate court or directly to the court of appeals from a judgment, sentence or order of a criminal court is taken as follows: (a) A party seeking to a…
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 appellate court. 1. A certificate granting leave to appeal to an intermediate appellate court is an order of one judge or justice of the intermediate appellate court to which the appeal is sought to be taken granting …
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. 1. A certificate granting leave to appeal to the court of appeals from an order of an intermediate appellate court is an order of a judge granting such permission and certifying that the case involves a question o…
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. 1. Upon motion to an intermediate appellate court of a defendant who desires to take an appeal to such court from a judgment, sentence or order of a criminal court but has failed to file a notice of appeal, an application for leave to…
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 below; when stayed. 1. The taking of an appeal by the defendant directly to the court of appeals, pursuant to subdivision one of section 450.70, from a superior court judgment including a sentence of death stays…
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 court. 1. Upon application of a defendant who has taken an appeal to an intermediate appellate court from a judgment or from a sentence of a criminal court, a judge designated in subdivision two may issue an order…
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 intermediate appellate court. 1. (a) A judge who, pursuant to section 460.20 of this chapter, has received an application for a certificate granting a defendant leave to appeal to the court of appeals from an order…
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. The mode of and procedure for arguing or otherwise litigating appeals in criminal cases are determined by rules of the individual appellate courts. Among the matters to be determined by such court rules are the circumstances in wh…
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 electronic means. Notwithstanding any other provision of law, the appellate division in each judicial department may promulgate rules authorizing a program in the use of electronic means for the taking and perfectio…
N.Y. Criminal Procedure Law § 470.05 Determination of appeals; general criteria
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§ 470.05 Determination of appeals; general criteria. 1. An appellate court must determine an appeal without regard to technical errors or defects which do not affect the substantial rights of the parties. 2. For purposes of appeal, a question of law with respect to a ruling or in…
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. The following definitions are applicable to this article: 1. "Reversal" by an appellate court of a judgment, sentence or order of another court means the vacating of such judgment, sentence or order. 2. "Modification" by an…
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; scope of review. 1. Upon an appeal to an intermediate appellate court from a judgment, sentence or order of a criminal court, such intermediate appellate court may consider and determine any question of law or is…
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; form and content of order. 1. An order of an intermediate appellate court which affirms a judgment, sentence or order of a criminal court need only state such affirmance. 2. An order of an intermediate appellate …
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 thereto from judgments and orders of criminal courts. 1. Wherever appropriate, the rules set forth in sections 470.15 and 470.20, governing the consideration and determination by intermediate appellate courts of…
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 intermediate appellate courts; scope of review. 1. Upon an appeal to the court of appeals from an order of an intermediate appellate court affirming a judgment, sentence or order of a criminal court, the court o…
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 appellate courts; corrective action upon reversal or modification. 1. Upon reversing or modifying an order of an intermediate appellate court affirming a criminal court judgment, sentence or order, the court …
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 reversal or modification of judgment; action by criminal court. Upon reversing or modifying a judgment and directing corrective action, an appellate court must remit the case to the criminal court in which the j…
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. 1. After its determination of an appeal taken pursuant to article four hundred fifty, an appellate court, in the interest of justice and for good cause shown, may in its discretion, upon motion of a party adversely affected …
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 restoration of action to pre-pleading status. 1. Upon a new trial of an accusatory instrument resulting from an appellate court order reversing a judgment and ordering such new trial, such accusatory instrument i…
N.Y. Criminal Procedure Law § 470.60 Dismissal of appeal
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§ 470.60 Dismissal of appeal. 1. At any time after an appeal has been taken and before determination thereof, the appellate court in which such appeal is pending may, upon motion of the respondent or upon its own motion, dismiss such appeal upon the ground of mootness, lack of ju…
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 terms. The following definitions are applicable to this article: 1. "Immunity." A person who has been a witness in a legal proceeding, and who cannot, except as otherwise provided in this subdivision, be convicte…
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. 1. Any witness in a legal proceeding, other than a grand jury proceeding, may refuse to give evidence requested of him on the ground that it may tend to incriminate him and he may not, except as provided in subdivision two, be …
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 competent authority. In any criminal proceeding, other than a grand jury proceeding, the court is a competent authority to confer immunity in accordance with the provisions of section 50.20, but only when expre…
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. As used in this title, and in this chapter generally, the following terms have the following meanings: 1. "Principal" means a defendant in a criminal action or proceeding, or a person adjudged a material witness th…
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 to be applied. The imposition of a specific type of securing order is in some cases required by law and in other cases within the discretion of the court in accordance with the principles of, and pursuant to…
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. 1. When a principal who is under the age of sixteen is committed to the custody of the sheriff the court must direct that the principal be taken to and lodged in a place certified by the office of children and family s…
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. 1. Upon any occasion when a court has issued a securing order with respect to a principal and the principal is confined in the custody of the sheriff as a result of the securing order or a previously issued securing order, the …
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 controlling determination. 1. With respect to any principal, the court in all cases, unless otherwise provided by law, must impose a securing order in accordance with section 510.10 of this article, and shall expl…
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 alleged violations of conditions of release. 1. Upon ordering that a principal be released on the principal's own recognizance, or released under non-monetary conditions, or, if bail has been fixed, upon the…
N.Y. Criminal Procedure Law § 510.43 Court appearances: additional notifications
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§ 510.43 Court appearances: additional notifications. 1. The court or, upon direction of the court, a certified pretrial services agency, shall notify all principals released under non-monetary conditions and on recognizance of all court appearances in advance by text message, te…
N.Y. Criminal Procedure Law § 510.45 Pretrial services agencies
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§ 510.45 Pretrial services agencies. 1. The office of court administration shall certify and regularly review for recertification one or more pretrial services agencies in each county to monitor principals released under non-monetary conditions. Such office shall maintain a listi…
N.Y. Criminal Procedure Law § 510.50 Enforcement of securing order
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§ 510.50 Enforcement of securing order. 1. When the attendance of a principal confined in the custody of the sheriff is required at the criminal action or proceeding at a particular time and place, the court may compel such attendance by directing the sheriff to produce the princ…
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 thereof. 1. The only authorized forms of bail are the following: (a) Cash bail. (b) An insurance company bail bond. (c) A secured surety bond. (d) A secured appearance bond. (e) A partially secured surety bond. (f)…
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. 1. Where a court has fixed bail pursuant to subdivision two of section 520.10, at any time after the principal has been committed to the custody of the sheriff pending the posting thereof, cash bail in the amount designated in t…
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 affidavits; form and contents thereof. 1. (a) Except as provided in paragraph (b) when a bail bond is to be posted in satisfaction of bail, the obligor or obligors must submit to the court a bail bond in the amount…
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. 1. Following the posting of a bail bond and the justifying affidavit or affidavits or the posting of cash bail, the court may conduct an inquiry for the purpose of determining the reliability of the obligors or person p…
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 court. When a local criminal court acquires control over the person of an accused and such court designates the amount of bail that the accused may post and such bail is posted in cash and subsequently the accus…
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 bail; in general. Under circumstances prescribed in this article, a court, upon application of a defendant charged with or convicted of an offense, is required to issue a securing order for such defendant dur…
N.Y. Criminal Procedure Law § 530.11 Procedures for family offense matters
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§ 530.11 Procedures for family offense matters. 1. Jurisdiction. The family court and the criminal courts shall have concurrent jurisdiction over any proceeding concerning acts which would constitute disorderly conduct, unlawful dissemination or publication of an intimate image, …
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. 1. When a criminal action is pending involving a complaint charging any crime or violation between spouses, former spouses, parent and child, or between members of the same family or household, as members of the same family or h…
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. 1. When any criminal action is pending, and the court has not issued a temporary order of protection pursuant to section 530.12 of this article, the court, in addition to the other powers conferred upon it by t…
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, repair or dispose of a firearm or firearms pursuant to section 400.00 of the penal law and ineligibility for such a license; order to surrender firearms; order to seize firearms. 1. Suspension of firearms license …