Title CPL, Criminal Procedure

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

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

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

§ 150.20 Appearance ticket; when and by whom issuable. 1. (a) Whenever a police officer is authorized pursuant to section 140.10 of this title to arrest a person without a warrant for an offense other than a class A, B, C or D felony or a violation of section 130.25, former secti…

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

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

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

§ 150.70 Appearance ticket; fingerprinting of defendant. Upon the arraignment of a defendant who has not been arrested and whose court attendance has been secured by the issuance and service of an appearance ticket pursuant to subdivision one of section 150.20, the court must, if…

§ 150.75 Appearance ticket; certain cases. 1. The provisions of this section shall apply in any case wherein the defendant is alleged to have committed an offense defined in section 221.05 of the penal law, and no other offense is alleged, notwithstanding any provision of this ch…

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

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

§ 160.20 Fingerprinting; forwarding of fingerprints. Upon the taking of fingerprints of an arrested person or defendant as prescribed in section 160.10, the appropriate police officer or agency must without unnecessary delay forward two copies of such fingerprints to the division…

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

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

§ 160.45 Polygraph tests; prohibition against. 1. No district attorney, police officer or employee of any law enforcement agency shall request or require any victim of a sexual assault crime to submit to any polygraph test or psychological stress evaluator examination. 2. As used…

§ 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 noncriminal offense; entry of waiver; administrative findings. 1. Regardless of the class of offense for which a person is initially charged, upon the termination of a criminal action or proceeding against a per…

§ 160.57 Automatic sealing of convictions. 1. Convictions for certain traffic infractions or a crime defined in the laws of this state shall be sealed in accordance with this section as follows: (a) Convictions for subdivision one of section eleven hundred ninety-two of the vehic…

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

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

§ 160.60 Effect of termination of criminal actions in favor of the accused. Upon the termination of a criminal action or proceeding against a person in favor of such person, as defined in subdivision two of section 160.50 of this chapter, the arrest and prosecution shall be deeme…

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

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

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

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

§ 170.30 Motion to dismiss information, simplified information, prosecutor's information or misdemeanor complaint. 1. After arraignment upon an information, a simplified information, a prosecutor's information or a misdemeanor complaint, the local criminal court may, upon motion …

§ 170.35 Motion to dismiss information, simplified information, prosecutor's information or misdemeanor complaint; as defective. 1. An information, a simplified information, a prosecutor's information or a misdemeanor complaint, or a count thereof, is defective within the meaning…

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

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

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

§ 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 marihuana. 1. Upon or after arraignment in a local criminal court upon an information, a prosecutor's information or a misdemeanor complaint, where the sole remaining count or counts charge a violation or viola…

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

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

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

§ 170.80 Proceedings regarding certain prostitution charges; certain persons aged sixteen or seventeen. 1. Notwithstanding any other provision of law, at any time at or after arraignment on a charge of prostitution pursuant to section 230.00 of the penal law, after consultation w…

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

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

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

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

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

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

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

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

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

§ 180.85 Termination of prosecution. 1. After arraignment of a defendant upon a felony complaint, other than a felony complaint charging an offense defined in section 125.10, 125.15, 125.20, 125.25, 125.26 or 125.27 of the penal law, either party or the local criminal court or su…

* § 182.10 Definition of terms. "Electronic appearance" shall mean an appearance in which one or more of the participants in the proceeding are not physically present in the court part where the appearance is convened but rather appear electronically at the proceeding through a c…

* § 182.20 Electronic appearance rules. 1. Notwithstanding any contrary provision of this chapter or any other law, the court, in its discretion, may dispense with the physical appearance of any party, including that of the defendant or any witness, and proceed by means of an ele…

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

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