Title CPL, Criminal Procedure

§ 140.50 Temporary questioning of persons in public places; search for\n weapons.\n 1. In addition to the authority provided by this article for making an\narrest without a warrant, a police officer may stop a person in a public\nplace located within the geographical area of such…

§ 140.55 Arrest without a warrant; by peace officers of other states for\n offense committed outside state; uniform close pursuit act.\n 1. As used in this section, the word "state" shall include the\nDistrict of Columbia.\n 2. Any peace officer of another state of the United Sta…

§ 150.10 Appearance ticket; definition, form and content.\n 1. An appearance ticket is a written notice issued and subscribed by a\npolice officer or other public servant authorized by state law or local\nlaw enacted pursuant to the provisions of the municipal home rule law to\ni…

§ 150.20 Appearance ticket; when and by whom issuable.\n 1. (a) Whenever a police officer is authorized pursuant to section\n140.10 of this title to arrest a person without a warrant for an offense\nother than a class A, B, C or D felony or a violation of section 130.25,\nformer …

§ 150.40 Appearance ticket; where returnable; how and where served.\n 1. An appearance ticket must be made returnable at a date as soon as\npossible, but in no event later than twenty days from the date of\nissuance; or at the next scheduled session of the appropriate local\ncrim…

§ 150.50 Appearance ticket; filing a local criminal court accusatory\n instrument; dismissal of insufficient instrument.\n 1. A police officer or other public servant who has issued and served\nan appearance ticket must, at or before the time such appearance ticket\nis returnable…

§ 150.60 Appearance ticket; defendant's failure to appear.\n If after the service of an appearance ticket and the filing of a local\ncriminal court accusatory instrument charging the offense designated\ntherein, the defendant does not appear in the designated local criminal\ncour…

§ 150.70 Appearance ticket; fingerprinting of defendant.\n Upon the arraignment of a defendant who has not been arrested and\nwhose court attendance has been secured by the issuance and service of\nan appearance ticket pursuant to subdivision one of section 150.20, the\ncourt mus…

§ 150.75 Appearance ticket; certain cases.\n 1. The provisions of this section shall apply in any case wherein the\ndefendant is alleged to have committed an offense defined in section\n221.05 of the penal law, and no other offense is alleged,\nnotwithstanding any provision of th…

§ 150.80 Court appearance reminders.\n 1. A police officer or other public servant who has issued and served\nan appearance ticket must, within twenty-four hours of issuance, file or\ncause to be filed with the local criminal court the appearance ticket\nand any contact informati…

§ 160.10 Fingerprinting; duties of police with respect thereto.\n 1. Following an arrest, or following the arraignment upon a local\ncriminal court accusatory instrument of a defendant whose court\nattendance has been secured by a summons or an appearance ticket under\ncircumstan…

§ 160.20 Fingerprinting; forwarding of fingerprints.\n Upon the taking of fingerprints of an arrested person or defendant as\nprescribed in section 160.10, the appropriate police officer or agency\nmust without unnecessary delay forward two copies of such fingerprints\nto the div…

§ 160.30 Fingerprinting; duties of division of criminal justice\n services.\n 1. Upon receiving fingerprints from a police officer or agency\npursuant to section 160.20 of this chapter, the division of criminal\njustice services must, except as provided in subdivision two of this…

§ 160.40 Fingerprinting; transmission of report received by police.\n 1. Upon receipt of a report of the division of criminal justice\nservices as provided in section 160.30, the recipient police officer or\nagency must promptly transmit such report or a copy thereof to the\ndist…

§ 160.45 Polygraph tests; prohibition against.\n 1. No district attorney, police officer or employee of any law\nenforcement agency shall request or require any victim of a sexual\nassault crime to submit to any polygraph test or psychological stress\nevaluator examination.\n 2. …

§ 160.50 Order upon termination of criminal action in favor of the\naccused.\n 1. Upon the termination of a criminal action or proceeding against a\nperson in favor of such person, as defined in subdivision three of this\nsection, unless the district attorney upon motion with not…

§ 160.55 Order upon termination of criminal action by conviction for\n noncriminal offense; entry of waiver; administrative\n findings.\n 1. Regardless of the class of offense for which a person is initially\ncharged, upon the termination of a criminal action or proceeding agains…

§ 160.57 Automatic sealing of convictions.\n 1. Convictions for certain traffic infractions or a crime defined in\nthe laws of this state shall be sealed in accordance with this section\nas follows:\n (a) Convictions for subdivision one of section eleven hundred\nninety-two of th…

§ 160.58 Conditional sealing of certain controlled substance, marihuana\n or specified offense convictions.\n 1. A defendant convicted of any offense defined in article two hundred\ntwenty or two hundred twenty-one of the penal law or a specified offense\ndefined in subdivision f…

§ 160.59 Sealing of certain convictions.\n 1. Definitions: As used in this section, the following terms shall\nhave the following meanings:\n (a) "Eligible offense" shall mean any crime defined in the laws of\nthis state other than a sex offense defined in article one hundred\nth…

§ 160.60 Effect of termination of criminal actions in favor of the\n accused.\n Upon the termination of a criminal action or proceeding against a\nperson in favor of such person, as defined in subdivision two of section\n160.50 of this chapter, the arrest and prosecution shall be…

§ 170.10 Arraignment upon information, simplified traffic information,\n prosecutor's information or misdemeanor complaint;\n defendant's presence, defendant's rights, court's\n instructions and bail matters.\n 1. Following the filing with a local criminal court of an information…

§ 170.15 Removal of action from one local criminal court to another.\n Under circumstances prescribed in this section, a criminal action\nbased upon an information, a simplified information, a prosecutor's\ninformation or a misdemeanor complaint may be removed from one local\ncri…

§ 170.20 Divestiture of jurisdiction by indictment; removal of case to\n superior court at district attorney's instance.\n 1. If at any time before entry of a plea of guilty to or commencement\nof a trial of a local criminal court accusatory instrument containing a\ncharge of mis…

§ 170.25 Divestiture of jurisdiction by indictment; removal of case to\n superior court at defendant's instance.\n 1. At any time before entry of a plea of guilty to or commencement of\na trial of a local criminal court accusatory instrument containing a\ncharge of misdemeanor, a…

§ 170.30 Motion to dismiss information, simplified information,\n prosecutor's information or misdemeanor complaint.\n 1. After arraignment upon an information, a simplified information, a\nprosecutor's information or a misdemeanor complaint, the local criminal\ncourt may, upon m…

§ 170.35 Motion to dismiss information, simplified information,\n prosecutor's information or misdemeanor complaint; as defective.\n 1. An information, a simplified information, a prosecutor's\ninformation or a misdemeanor complaint, or a count thereof, is defective\nwithin the m…

§ 170.40 Motion to dismiss information, simplified traffic information,\n prosecutor's information or misdemeanor complaint; in\n furtherance of justice.\n 1. An information, a simplified traffic information, a prosecutor's\ninformation or a misdemeanor complaint, or any count th…

§ 170.45 Motion to dismiss information, simplified traffic information,\n prosecutor's information or misdemeanor complaint;\n procedure.\n The procedural rules prescribed in section 210.45 with respect to the\nmaking, consideration and disposition of a motion to dismiss an\nindi…

§ 170.50 Motion in superior court to dismiss prosecutor's information.\n 1. At any time after arraignment in a local criminal court upon a\nprosecutor's information filed at the direction of a grand jury and\nbefore entry of a plea of guilty thereto or commencement of a trial\nth…

§ 170.55 Adjournment in contemplation of dismissal.\n 1. Upon or after arraignment in a local criminal court upon an\ninformation, a simplified information, a prosecutor's information or a\nmisdemeanor complaint, and before entry of a plea of guilty thereto or\ncommencement of a …

§ 170.56 Adjournment in contemplation of dismissal in cases involving\n marihuana.\n 1. Upon or after arraignment in a local criminal court upon an\ninformation, a prosecutor's information or a misdemeanor complaint,\nwhere the sole remaining count or counts charge a violation or…

§ 170.60 Requirement of plea to information, simplified information or\n prosecutor's information.\n Unless an information, a simplified information or a prosecutor's\ninformation is dismissed or the criminal action thereon terminated or\nabated pursuant to a provision of this ar…

§ 170.65 Replacement of misdemeanor complaint by information and waiver\n thereof.\n 1. A defendant against whom a misdemeanor complaint is pending is not\nrequired to enter a plea thereto. For purposes of prosecution, such\ninstrument must, except as provided in subdivision thre…

§ 170.70 Release of defendant upon failure to replace misdemeanor\n complaint by information.\n Upon application of a defendant against whom a misdemeanor complaint\nis pending in a local criminal court, and who, either at the time of his\narraignment thereon or subsequent theret…

§ 170.80 Proceedings regarding certain prostitution charges; certain\n persons aged sixteen or seventeen.\n 1. Notwithstanding any other provision of law, at any time at or after\narraignment on a charge of prostitution pursuant to section 230.00 of\nthe penal law, after consulta…

§ 180.10 Proceedings upon felony complaint; arraignment; defendant's\n rights, court's instructions and bail matters.\n 1. Upon the defendant's arraignment before a local criminal court upon\na felony complaint, the court must immediately inform him, or cause him\nto be informed …

§ 180.20 Proceedings upon felony complaint; removal of action from one\n local criminal court to another.\n Under circumstances prescribed in this section, a criminal action\nbased upon a pending felony complaint may be removed from one local\ncriminal court to another:\n 1. When…

§ 180.30 Proceedings upon felony complaint; waiver of hearing; action to\n be taken.\n If the defendant waives a hearing upon the felony complaint, the court\nmust either:\n 1. Order that the defendant be held for the action of a grand jury of\nthe appropriate superior court with…

§ 180.40 Proceedings upon felony complaint; application in superior\n court following hearing or waiver of hearing.\n Where the local criminal court has held a defendant for the action of\na grand jury, the district attorney may, at any time before such matter\nis submitted to th…

§ 180.50 Proceedings upon felony complaint; reduction of charge.\n 1. Whether or not the defendant waives a hearing upon the felony\ncomplaint, the local criminal court may, upon consent of the district\nattorney, make inquiry for the purpose of determining whether (a) the\navail…

§ 180.60 Proceedings upon felony complaint; the hearing; conduct\n thereof.\n A hearing upon a felony complaint must be conducted as follows:\n 1. The district attorney must conduct such hearing on behalf of the\npeople.\n 2. The defendant may as a matter of right be present at s…

§ 180.70 Proceedings upon felony complaint; disposition of felony\n complaint after hearing.\n At the conclusion of a hearing, the court must dispose of the felony\ncomplaint as follows:\n 1. If there is reasonable cause to believe that the defendant\ncommitted a felony, the cour…

§ 180.75 Proceedings upon felony complaint; juvenile offender.\n 1. When a juvenile offender or adolescent offender is arraigned before\nthe youth part of a superior court or the most accessible magistrate\ndesignated by the appellate division of the supreme court in the\napplica…

§ 180.80 Proceedings upon felony complaint; release of defendant from\n custody upon failure of timely disposition.\n Upon application of a defendant against whom a felony complaint has\nbeen filed with a local criminal court or the youth part of a superior\ncourt, and who, since…

§ 180.85 Termination of prosecution.\n 1. After arraignment of a defendant upon a felony complaint, other\nthan a felony complaint charging an offense defined in section 125.10,\n125.15, 125.20, 125.25, 125.26 or 125.27 of the penal law, either party\nor the local criminal court …

* § 182.10 Definition of terms.\n "Electronic appearance" shall mean an appearance in which one or more\nof the participants in the proceeding are not physically present in the\ncourt part where the appearance is convened but rather appear\nelectronically at the proceeding throug…

* § 182.20 Electronic appearance rules.\n 1. Notwithstanding any contrary provision of this chapter or any other\nlaw, the court, in its discretion, may dispense with the physical\nappearance of any party, including that of the defendant or any witness,\nand proceed by means of a…

* § 182.30 Regulation of electronic appearances by the chief\n administrator.\n The chief administrator of the courts shall adopt rules to regulate\nthe conduct of electronic appearances pursuant to this article that\nshall, among other provisions, be designed to: (a) provide app…

* § 182.40 Approval by the chief administrator of the courts.\n 1. The appropriate administrative judge shall submit to the chief\nadministrator of the courts a written proposal for the use of electronic\nappearance in his or her jurisdiction. If the chief administrator of the\nc…