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New York Criminal Procedure Law Section 100.10 - Local Criminal Court Accusatory Instruments; Definitions Thereof.Legal Research Home > New York Lawyer > Criminal Procedure > New York Criminal Procedure Law Section 100.10 - Local Criminal Court Accusatory Instruments; Definitions Thereof.
§ 100.10 Local criminal 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 more offenses, none of which is a felony.
It may serve as a basis both for the commencement of a criminal action
and for the prosecution thereof in a local criminal court.
2. (a) A "simplified traffic information" is a written accusation by
a police officer, or other public servant authorized by law to issue
same, filed with a local criminal court, which charges a person with the
commission of one or more traffic infractions and/or misdemeanors
relating to traffic, and which, being in a brief or simplified form
prescribed by the commissioner of motor vehicles, designates the offense
or offenses charged but contains no factual allegations of an
evidentiary nature supporting such charge or charges. It serves as a
basis for commencement of a criminal action for such traffic offenses,
alternative to the charging thereof by a regular information, and, under
circumstances prescribed in section 100.25, it may serve, either in
whole or in part, as a basis for prosecution of such charges.
(b) A "simplified parks information" is a written accusation by a
police officer or other public servant authorized by law to issue same,
filed with a local criminal court, which charges a person with the
commission of one or more offenses, other than a felony, for which a
uniform simplified parks information may be issued pursuant to the parks
and recreation law and navigation law, and which being in a brief or
simplified form prescribed by the commissioner of parks and recreation,
designates the offense or offenses charged but contains no factual
allegations of an evidentiary nature supporting such charge or charges.
It serves as a basis for commencement of a criminal action for such
offenses, alternative to the charging thereof by a regular information,
and, under circumstances parescribed in section 100.25, it may serve,
either in whole or in part, as a basis for prosecution of such charges.
(c) A "simplified environmental conservation information" is a
written accusation by a police officer or other public servant
authorized by law to issue same, filed with a local criminal court,
which charges a person with the commission of one or more offenses,
other than a felony, for which a uniform simplified environmental
conservation information may be issued pursuant to the environmental
conservation law, and which being in a brief or simplified form
prescribed by the commissioner of environmental conservation, designates
the offense or offenses charged but contains no factual allegations of
an evidentiary nature supporting such charge or charges. It serves as a
basis for commencement of a criminal action for such offenses,
alternative to the charging thereof by a regular information, and, under
circumstances prescribed in section 100.25, it may serve, either in
whole or in part, as a basis for prosecution of such charges.
3. A "prosecutor's information" is a written accusation by a district
attorney, filed with a local criminal court, either (a) at the direction
of a grand jury pursuant to section 190.70, or (b) at the direction of a
local criminal court pursuant to section 180.50 or 180.70, or (c) at the
district attorney's own instance pursuant to subdivision two of section
100.50, or (d) at the direction of a superior court pursuant to
subdivision one-a of section 210.20, charging one or more persons with
the commission of one or more offenses, none of which is a felony. It
serves as a basis for the prosecution of a criminal action, but it
commences a criminal action only where it results from a grand jury
direction issued in a case not previously commenced in a local criminal
court.
4. A "misdemeanor complaint" 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 more offenses, at least one of
which is a misdemeanor and none of which is a felony. It serves as a
basis for the commencement of a criminal action, but it may serve as a
basis for prosecution thereof only where a defendant has waived
prosecution by information pursuant to subdivision three of section
170.65.
5. A "felony complaint" 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 more felonies. It serves as a basis for
the commencement of a criminal action, but not as a basis for
prosecution thereof.
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Last modified: July 30, 2006 |