Title CPL, Criminal Procedure

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

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

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

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

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

§ 10.40 Chief administrator to prescribe forms and to authorize use of\n electronic filing.\n 1. The chief administrator of the courts shall have the power to\nadopt, amend and rescind forms for the efficient and just administration\nof this chapter. Such forms shall include, wit…

§ 100.05 Commencement of action; in general.\n A criminal action is commenced by the filing of an accusatory\ninstrument with a criminal court, or, in the case of a juvenile offender\nor adolescent offender, other than an adolescent offender charged with\nonly a violation or traf…

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

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

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

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

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

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

§ 100.35 Prosecutor's information; form and content.\n A prosecutor's information must contain the name of the local criminal\ncourt with which it is filed and the title of the action, and must be\nsubscribed by the district attorney by whom it is filed. Otherwise it\nshould be i…

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

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

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

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

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

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

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

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

§ 120.20 Warrant of arrest; when issuable.\n 1. When a criminal action has been commenced in a local criminal court\nor youth part of the superior court by the filing therewith of an\naccusatory instrument, other than a simplified traffic information,\nagainst a defendant who has…

§ 120.30 Warrant of arrest; by what courts issuable and in what courts\n returnable.\n 1. A warrant of arrest may be issued only by the local criminal court\nor youth part of the superior court with which the underlying accusatory\ninstrument has been filed, and it may be made re…

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

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

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

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

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

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

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

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

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

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

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

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

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

§ 130.60 Summons; fingerprinting of defendant.\n 1. Upon the arraignment of a defendant whose court attendance has been\nsecured by the issuance and service of a summons, based upon an\nindictment, a prosecutor's information or upon an information, felony\ncomplaint or misdemeano…

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

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

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

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

§ 140.20 Arrest without a warrant; procedure after arrest by police\n officer.\n 1. Upon arresting a person without a warrant, a police officer, after\nperforming without unnecessary delay all recording, fingerprinting and\nother preliminary police duties required in the particul…

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

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

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

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

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

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