Title CPL, Criminal Procedure

§ 1.00 Short title. This chapter shall be known as the criminal procedure law, and may be cited as "CPL".

§ 1.10 Applicability of chapter to actions and matter occurring before and after effective date. 1. The provisions of this chapter apply exclusively to: (a) All criminal actions and proceedings commenced upon or after the effective date thereof and all appeals and other post-judg…

§ 1.20 Definitions of terms of general use in this chapter.\n Except where different meanings are expressly specified in subsequent\nprovisions of this chapter, the term definitions contained in section\n10.00 of the penal law are applicable to this chapter, and, in addition,\nth…

§ 10.10 The criminal courts; enumeration and definitions. 1. The "criminal courts" of this state are comprised of the superior courts and the local criminal courts. 2. "Superior court" means: (a) The supreme court; or (b) A county court. 3. "Local criminal court" means: (a) A dis…

§ 10.20 Superior courts; jurisdiction. 1. Superior courts have trial jurisdiction of all offenses. They have: (a) Exclusive trial jurisdiction of felonies; and (b) Trial jurisdiction of misdemeanors concurrent with that of the local criminal courts; and (c) Trial jurisdiction of …

§ 10.30 Local criminal courts; jurisdiction. 1. Local criminal courts have trial jurisdiction of all offenses other than felonies. They have: (a) Exclusive trial jurisdiction of petty offenses except for the superior court jurisdiction thereof prescribed in paragraph (c) of subdi…

§ 10.40 Chief administrator to prescribe forms and to authorize use of electronic filing. 1. The chief administrator of the courts shall have the power to adopt, amend and rescind forms for the efficient and just administration of this chapter. Such forms shall include, without l…

§ 100.05 Commencement of action; in general. A criminal action is commenced by the filing of an accusatory instrument with a criminal court, or, in the case of a juvenile offender or adolescent offender, other than an adolescent offender charged with only a violation or traffic i…

§ 100.07 Commencement of action; effect of family court proceeding. A criminal court shall have concurrent jurisdiction over cognizable family offenses, as defined in subdivision one of section 530.11 of this chapter and in subdivision one of section eight hundred twelve of the f…

§ 100.10 Local criminal court and youth part of the superior court accusatory instruments; definitions thereof. 1. An "information" is a verified written accusation by a person, filed with a local criminal court, charging one or more other persons with the commission of one or mo…

§ 100.15 Information, misdemeanor complaint and felony complaint; form and content. 1. An information, a misdemeanor complaint and a felony complaint must each specify the name of the court with which it is filed and the title of the action, and must be subscribed and verified by…

§ 100.20 Supporting deposition; definition, form and content. A supporting deposition is a written instrument accompanying or filed in connection with an information, a simplified information, a misdemeanor complaint or a felony complaint, subscribed and verified by a person othe…

§ 100.25 Simplified information; form and content; defendant's right to supporting deposition; notice requirement. 1. A simplified information must be substantially in the form prescribed by the commissioner of motor vehicles, the commissioner of parks and recreation, or the comm…

§ 100.30 Information, misdemeanor complaint, felony complaint, supporting deposition and proof of service of supporting deposition; verification. 1. An information, a misdemeanor complaint, a felony complaint, a supporting deposition, and proof of service of a supporting depositi…

§ 100.35 Prosecutor's information; form and content. A prosecutor's information must contain the name of the local criminal court with which it is filed and the title of the action, and must be subscribed by the district attorney by whom it is filed. Otherwise it should be in the…

§ 100.40 Local criminal court and youth part of the superior court accusatory instruments; sufficiency on face. 1. An information, or a count thereof, is sufficient on its face when: (a) It substantially conforms to the requirements prescribed in section 100.15; and (b) The alleg…

§ 100.45 Information, prosecutor's information, misdemeanor complaint; severance, consolidation, amendment, bill of particulars. 1. Where appropriate, the provisions of sections 200.20 and 200.40 and paragraph (n) of subdivision four of section 20.40 of this chapter, governing se…

§ 100.50 Superseding informations and prosecutor's informations. 1. If at any time before entry of a plea of guilty to or commencement of a trial of an information or a prosecutor's information, another information or, as the case may be, another prosecutor's information is filed…

§ 100.55 Local criminal court accusatory instruments; in what courts filed. 1. Any local criminal court accusatory instrument may be filed with a district court of a particular county when an offense charged therein was allegedly committed in such county or that part thereof over…

§ 100.60 Youth part of the superior court accusatory instruments; in what courts filed. Any youth part of the superior court accusatory instrument may be filed with the youth part of the superior court of a particular county when an offense charged therein was allegedly committed…

§ 110.10 Methods of requiring defendant's appearance in local criminal court or youth part of the superior court for arraignment; in general. 1. After a criminal action has been commenced in a local criminal court or youth part of the superior court by the filing of an accusatory…

§ 110.20 Local criminal court or youth part of the superior court accusatory instruments; notice thereof to district attorney. When a criminal action in which a crime is charged is commenced in a local criminal court, or youth part of the superior court other than the criminal co…

§ 120.10 Warrant of arrest; definition, function, form and content. 1. A warrant of arrest is a process issued by a local criminal court directing a police officer to arrest a defendant designated in an accusatory instrument filed with such court and to bring him before such cour…

§ 120.20 Warrant of arrest; when issuable. 1. When a criminal action has been commenced in a local criminal court or youth part of the superior court by the filing therewith of an accusatory instrument, other than a simplified traffic information, against a defendant who has not …

§ 120.30 Warrant of arrest; by what courts issuable and in what courts returnable. 1. A warrant of arrest may be issued only by the local criminal court or youth part of the superior court with which the underlying accusatory instrument has been filed, and it may be made returnab…

§ 120.40 Warrant of arrest; attaching accusatory instrument to warrant of town court, village court or city court. A town court, village court or city court which issues a warrant of arrest may attach thereto a duplicate copy of the underlying accusatory instrument. If one or mor…

§ 120.50 Warrant of arrest; to what police officers addressed. A warrant of arrest may be addressed to any police officer or classification of police officers whose geographical area of employment embraces either the place where the offense charged was allegedly committed or the …

§ 120.55 Warrant of arrest; defendant under parole or probation supervision. If the defendant named within a warrant of arrest issued by a local criminal court or youth part of the superior court pursuant to the provisions of this article, or by a superior court issued pursuant t…

§ 120.60 Warrant of arrest; what police officers may execute. 1. A warrant of arrest may be executed by (a) any police officer to whom it is addressed, or (b) any other police officer delegated to execute it under circumstances prescribed in subdivisions two and three. 2. A polic…

§ 120.70 Warrant of arrest; where executable. 1. A warrant of arrest issued by a district court, by the New York City criminal court, the youth part of a superior court or by a superior court judge sitting as a local criminal court may be executed anywhere in the state. 2. A warr…

§ 120.80 Warrant of arrest; when and how executed. 1. A warrant of arrest may be executed on any day of the week and at any hour of the day or night. 2. Unless encountering physical resistance, flight or other factors rendering normal procedure impractical, the arresting police o…

§ 120.85 Child-sensitive arrests. A state or local law enforcement officer who arrests an individual legally charged with the care or custody of a child less than eighteen years old shall to the extent practicable, at the time of the arrest, take appropriate action that is conduc…

§ 120.90 Warrant of arrest; procedure after arrest. 1. Upon arresting a defendant for any offense pursuant to a warrant of arrest in the county in which the warrant is returnable or in any adjoining county, or upon so arresting him or her for a felony in any other county, a polic…

§ 130.10 Summons; definition, function, form and content. 1. A summons is a process issued by a local criminal court directing a defendant designated in an information, a prosecutor's information, a felony complaint or a misdemeanor complaint filed with such court, or a youth par…

§ 130.20 Summons; by what courts issuable and in what courts returnable. A summons may be issued only by the local criminal court or superior court with which the accusatory instrument underlying it has been filed, and it may be made returnable in such issuing court only.

§ 130.30 Summons; when issuable. A local criminal court or youth part of the superior court may issue a summons in any case in which, pursuant to section 120.20, it is authorized to issue a warrant of arrest based upon an information, a prosecutor's information, a felony complain…

§ 130.40 Summons; service. 1. A summons may be served by a police officer, or by a complainant at least eighteen years old or by any other person at least eighteen years old designated by the court. 2. A summons may be served anywhere in the county of issuance or anywhere in an a…

§ 130.50 Summons; defendant's failure to appear. If after the service of a summons the defendant does not appear in the designated local criminal court or superior court at the time such summons is returnable, the court may issue a warrant of arrest.

§ 130.60 Summons; fingerprinting of defendant. 1. Upon the arraignment of a defendant whose court attendance has been secured by the issuance and service of a summons, based upon an indictment, a prosecutor's information or upon an information, felony complaint or misdemeanor com…

§ 140.05 Arrest without a warrant; in general. A person who has committed or is believed to have committed an offense and who is at liberty within the state may, under circumstances prescribed in this article, be arrested for such offense although no warrant of arrest therefor ha…

§ 140.10 Arrest without a warrant; by police officer; when and where authorized. 1. Subject to the provisions of subdivision two, a police officer may arrest a person for: (a) Any offense when he or she has reasonable cause to believe that such person has committed such offense i…

§ 140.15 Arrest without a warrant; when and how made by police officer. 1. A police officer may arrest a person for an offense, pursuant to section 140.10, at any hour of any day or night. 2. The arresting police officer must inform such person of his authority and purpose and of…

§ 140.17 Child-sensitive arrests. A state or local law enforcement officer who arrests an individual legally charged with the care or custody of a child less than eighteen years old shall, to the extent practicable, at the time of the arrest take appropriate action that is conduc…

§ 140.20 Arrest without a warrant; procedure after arrest by police officer. 1. Upon arresting a person without a warrant, a police officer, after performing without unnecessary delay all recording, fingerprinting and other preliminary police duties required in the particular cas…

§ 140.25 Arrest without a warrant; by peace officer. 1. A peace officer, acting pursuant to his special duties, may arrest a person for: (a) Any offense when he has reasonable cause to believe that such person has committed such offense in his presence; and (b) A crime when he ha…

§ 140.27 Arrest without a warrant; when and how made; procedure after arrest by peace officer. 1. The rules governing the manner in which a peace officer may make an arrest, pursuant to section 140.25, are the same as those governing arrests by police officers, as prescribed in s…

§ 140.30 Arrest without a warrant; by any person; when and where authorized. 1. Subject to the provisions of subdivision two, any person may arrest another person (a) for a felony when the latter has in fact committed such felony, and (b) for any offense when the latter has in fa…

§ 140.35 Arrest without a warrant; by person acting other than as a police officer or a peace officer; when and how made. 1. A person may arrest another person for an offense pursuant to section 140.30 at any hour of any day or night. 2. Such person must inform the person whom he…

§ 140.40 Arrest without a warrant; by person acting other than as a police officer or a peace officer; procedure after arrest. 1. A person making an arrest pursuant to section 140.30 must without unnecessary delay deliver or attempt to deliver the person arrested to the custody o…

§ 140.45 Arrest without a warrant; dismissal of insufficient local criminal court accusatory instrument. If a local criminal court accusatory instrument filed with a local criminal court pursuant to section 140.20, 140.25 or 140.40 is not sufficient on its face, as prescribed in …