Title CPL, Criminal Procedure

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

§ 722.00 Probation case plans.\n 1. All juvenile offenders and adolescent offenders shall be notified\nof the availability of services through the local probation department.\nSuch services shall include the ability of the probation department to\nconduct a risk and needs assessm…

§ 722.10 Youth part of the superior court established.\n 1. The chief administrator of the courts is hereby directed to\nestablish, in a superior court in each county of the state, a part of\nthe court to be known as the youth part of the superior court for the\ncounty in which s…

§ 722.20 Proceedings upon felony complaint; juvenile offender.\n 1. When a juvenile offender is arraigned before a youth part, the\nprovisions of this section shall apply. If the youth part is not in\nsession, the defendant shall be brought before the most accessible\nmagistrate …

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

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

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

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

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

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

§ 725.10 Removal of action.\n 1. Unless the defendant is an adolescent offender who has been\ndirected to appear at the family court intake office of the county\ndepartment of probation for adjustment consideration in accordance with\nsubdivision seven of section 725.05 of this a…

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

§ 725.20 Record of certain actions removed.\n 1. The provisions of this section shall apply in any case where an\norder of removal to the family court is entered pursuant to a direction\nauthorized by article 722 of this title, or subparagraph (iii) of\nparagraph (g) of subdivisi…

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

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

§ 730.30 Fitness to proceed; order of examination.\n 1. At any time after a defendant is arraigned upon an accusatory\ninstrument other than a felony complaint and before the imposition of\nsentence, or at any time after a defendant is arraigned upon a felony\ncomplaint and befor…

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

§ 730.50 Fitness to proceed; indictment.\n 1. When a superior court, following a hearing conducted pursuant to\nsubdivision three or four of section 730.30 of this article, is\nsatisfied that the defendant is not an incapacitated person, the\ncriminal action against him or her mu…

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

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

* § 95.00 Pre-criminal proceeding settlement.\n When a county district attorney of a county located in a city of one\nmillion or more recovers monies before the filing of an accusatory\ninstrument as defined in subdivision one of section 1.20 of this\nchapter, after injured parti…