Court Opinions

State Laws

US Code

US Constitution

New York Criminal Procedure Law Section 100.05 - Commencement Of Action; In General.

Legal Research Home > New York Lawyer > Criminal Procedure > New York Criminal Procedure Law Section 100.05 - Commencement Of Action; In General.

 
    § 100.05  Commencement of action; in general.
    A  criminal  action  is  commenced  by  the  filing  of  an accusatory
  instrument with a criminal court, and if more than one  such  instrument
  is  filed  in  the  course  of  the  same  criminal  action, such action
  commences when the first of such instruments is filed.  The only way  in
  which  a  criminal action can be commenced in a superior court is by the
  filing therewith by a grand jury of an indictment  against  a  defendant
  who has never been held by a local criminal court for the action of such
  grand  jury  with  respect  to  any charge contained in such indictment.
  Otherwise, a criminal action can be commenced only in a  local  criminal
  court,  by  the  filing  therewith  of a local criminal court accusatory
  instrument, namely:
    1.  An information; or
    2.  A simplified information; or
    3.  A prosecutor's information; or
    4.  A misdemeanor complaint; or
    5.  A felony complaint.

Last modified: July 31, 2006