Title CPL, Criminal Procedure

§ 705.30 Nondisclosure of existence of pen register or a trap and trace device. An order authorizing or approving the installation and use of a pen register or a trap and trace device shall direct that: 1. the order be sealed until otherwise ordered by the court; and 2. the perso…

§ 705.35 Assistance in installation and use of a pen register or a trap and trace device. 1. Upon the request of an applicant authorized to use a pen register under this article, a provider of a wire or electronic communication service, landlord, custodian, or other person shall …

§ 710.10 Motion to suppress evidence; definitions of terms. As used in this article, the following terms have the following meanings: 1. "Defendant" means a person who has been charged by an accusatory instrument with the commission of an offense. 2. "Evidence," when referring to…

§ 710.20 Motion to suppress evidence; in general; grounds for. Upon motion of a defendant who (a) is aggrieved by unlawful or improper acquisition of evidence and has reasonable cause to believe that such may be offered against him in a criminal action, or (b) claims that imprope…

§ 710.30 Motion to suppress evidence; notice to defendant of intention to offer evidence. 1. Whenever the people intend to offer at a trial (a) evidence of a statement made by a defendant to a public servant, which statement if involuntarily made would render the evidence thereof…

§ 710.40 Motion to suppress evidence; when made and determined. 1. A motion to suppress evidence must be made after the commencement of the criminal action in which such evidence is allegedly about to be offered, and, except as otherwise provided in section 710.30 and in subdivis…

§ 710.50 Motion to suppress evidence; in what courts made. 1. The particular courts in which motions to suppress evidence must be made are as follows: (a) If an indictment is pending in a superior court, or if the defendant has been held by a local criminal court for the action o…

§ 710.60 Motion to suppress evidence; procedure. 1. A motion to suppress evidence made before trial must be in writing and upon reasonable notice to the people and with opportunity to be heard. The motion papers must state the ground or grounds of the motion and must contain swor…

§ 710.70 Motion to suppress evidence; orders of suppression; effects of orders and of failure to make motion. 1. Upon granting a motion to suppress evidence, the court must order that the evidence in question be excluded in the criminal action pending against the defendant. When …

§ 715.05 Dangerous drugs; definition. "Dangerous drugs" means any substance listed in schedule I, II, III, IV or V of section thirty-three hundred six of the public health law.

§ 715.10 Pretrial motion to destroy dangerous drugs. 1. Subject to the limitations in paragraph (b) of subdivision two hereof a district attorney may move in a superior court for an order of destruction of the dangerous drugs in felony cases involving the possession or sale of su…

§ 715.20 Proceedings on motion upon notice. 1. When such motion is on notice, a hearing thereon shall be held by the court before which it is returnable not later than thirty days after the return date and the defendant shall be present at such hearing. 2. A hearing held pursuant…

§ 715.30 Orders of the court. 1. In any proceeding brought pursuant to this article, the court may grant or deny any motion made hereunder or the relief requested therein in whole or in part and issue any order thereon as it may deem proper and as the interests of justice may req…

§ 715.40 Affidavit of destruction. An affidavit attesting to the date, time, place and manner of destruction of a dangerous drug pursuant to an order therefor and identifying the same by reference to the report of analysis or by other identifying number or system and the order of…

§ 715.50 Analysis of dangerous drugs. 1. On and after September first, nineteen hundred seventy-three, in every felony case involving the possession or sale of a dangerous drug, the head of the agency charged with custody of such drugs, or his designee, shall within forty-five da…

§ 720.10 Youthful offender procedure; definition of terms. As used in this article, the following terms have the following meanings: 1. "Youth" means a person charged with a crime alleged to have been committed when he was at least sixteen years old and less than nineteen years o…

§ 720.15 Youthful offender procedure; sealing of accusatory instrument; privacy of proceedings; preliminary instructions to jury. 1. When an accusatory instrument against an apparently eligible youth is filed with a court, it shall be filed as a sealed instrument, though only wit…

§ 720.20 Youthful offender determination; when and how made; procedure thereupon. 1. Upon conviction of an eligible youth, the court must order a pre-sentence investigation of the defendant. After receipt of a written report of the investigation and at the time of pronouncing sen…

§ 720.25 Youthful offender adjudication; certain exemptions. Notwithstanding any inconsistent provisions of law: 1. where the court is required to find that a person is a youthful offender pursuant to section 170.80 of this chapter, the fact that such person has previously been c…

§ 720.30 Youthful offender adjudication; post-judgment motions and appeal. The provisions of this chapter, governing the making and determination of post-judgment motions and the taking and determination of appeals in criminal cases, apply to post-judgment motions and appeals wit…

§ 720.35 Youthful offender adjudication; effect thereof; records. 1. A youthful offender adjudication is not a judgment of conviction for a crime or any other offense, and does not operate as a disqualification of any person so adjudged to hold public office or public employment …

§ 722.00 Probation case plans. 1. All juvenile offenders and adolescent offenders shall be notified of the availability of services through the local probation department. Such services shall include the ability of the probation department to conduct a risk and needs assessment, …

§ 722.10 Youth part of the superior court established. 1. The chief administrator of the courts is hereby directed to establish, in a superior court in each county of the state, a part of the court to be known as the youth part of the superior court for the county in which such c…

§ 722.20 Proceedings upon felony complaint; juvenile offender. 1. When a juvenile offender is arraigned before a youth part, the provisions of this section shall apply. If the youth part is not in session, the defendant shall be brought before the most accessible magistrate desig…

§ 722.21 Proceedings upon felony complaint; adolescent offender. 1. When an adolescent offender is arraigned before a youth part, the provisions of this section shall apply. If the youth part is not in session, the defendant shall be brought before the most accessible magistrate …

§ 722.22 Motion to remove juvenile offender to family court. 1. After a motion by a juvenile offender, pursuant to subdivision five of section 722.20 of this article, or after arraignment of a juvenile offender upon an indictment, the court may, on motion of any party or on its o…

§ 722.23 Removal of adolescent offenders to family court. 1. (a) Following the arraignment of a defendant charged with a crime committed when he or she was sixteen, or commencing October first, two thousand nineteen, seventeen years of age, other than any class A felony except fo…

§ 722.24 Applicability of chapter to actions and matters involving juvenile offenders or adolescent offenders. Except where inconsistent with this article, all provisions of this chapter shall apply to all criminal actions and proceedings, and all appeals and post-judgment motion…

§ 725.00 Applicability. The provisions of this article apply in any case where a court directs that an action or charge is to be removed to the family court under section 180.75, 190.71, 210.43, 220.10, 310.85 or 330.25 of this chapter.

§ 725.05 Order of removal. When a youth part directs that an action or charge is to be removed to the family court the youth part must issue an order of removal in accordance with this section. Such order must be as follows: 1. It must provide that the action or charge is to be r…

§ 725.10 Removal of action. 1. Unless the defendant is an adolescent offender who has been directed to appear at the family court intake office of the county department of probation for adjustment consideration in accordance with subdivision seven of section 725.05 of this articl…

§ 725.15 Sealing of records. Except where specifically required or permitted by statute or upon specific authorization of the court that directed removal of an action to the family court all official records and papers of the action up to and including the order of removal, wheth…

§ 725.20 Record of certain actions removed. 1. The provisions of this section shall apply in any case where an order of removal to the family court is entered pursuant to a direction authorized by article 722 of this title, or subparagraph (iii) of paragraph (g) of subdivision fi…

§ 730.10 Fitness to proceed; definitions. As used in this article, the following terms have the following meanings: 1. "Incapacitated person" means a defendant who as a result of mental disease or defect lacks capacity to understand the proceedings against him or to assist in his…

§ 730.20 Fitness to proceed; generally. 1. The appropriate director to whom a criminal court issues an order of examination must be determined in accordance with rules jointly adopted by the judicial conference and the commissioner. Upon receipt of an examination order, the direc…

§ 730.30 Fitness to proceed; order of examination. 1. At any time after a defendant is arraigned upon an accusatory instrument other than a felony complaint and before the imposition of sentence, or at any time after a defendant is arraigned upon a felony complaint and before he …

§ 730.40 Fitness to proceed; local criminal court accusatory instrument. 1. When a local criminal court, following a hearing conducted pursuant to subdivision three or four of section 730.30 of this article, is satisfied that the defendant is not an incapacitated person, the crim…

§ 730.50 Fitness to proceed; indictment. 1. When a superior court, following a hearing conducted pursuant to subdivision three or four of section 730.30 of this article, is satisfied that the defendant is not an incapacitated person, the criminal action against him or her must pr…

§ 730.60 Fitness to proceed; procedure following custody by commissioner. 1. When a local criminal court issues a final or temporary order of observation or an order of commitment, it must forward such order and a copy of the examination reports and the accusatory instrument to t…

§ 730.70 Fitness to proceed; procedure following termination of custody by commissioner. When a defendant is in the custody of the commissioner on the expiration date of a final or temporary order of observation or an order of commitment, or on the expiration date of the last ord…

* § 95.00 Pre-criminal proceeding settlement. When a county district attorney of a county located in a city of one million or more recovers monies before the filing of an accusatory instrument as defined in subdivision one of section 1.20 of this chapter, after injured parties ha…