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New York Criminal Procedure - Article 100 - § 100.40 Local Criminal Court Accusatory Instruments; Sufficiency on Face

Legal Research Home > New York Laws > Criminal Procedure > New York Criminal Procedure - Article 100 - § 100.40 Local Criminal Court Accusatory Instruments; Sufficiency on Face


Criminal Procedure 
 
  §  100.40  Local  criminal  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  allegations of the factual part of the information, together
  with those of any supporting depositions which may accompany it, provide
  reasonable cause to believe that the  defendant  committed  the  offense
  charged in the accusatory part of the information; and
    (c)  Non-hearsay  allegations  of  the factual part of the information
  and/or of any supporting depositions establish, if true,  every  element
  of the offense charged and the defendant's commission thereof.
    2.  A  simplified  information  is  sufficient  on  its  face when, as
  provided by subdivision one of section 100.25, it substantially conforms
  to the requirement therefor prescribed by or pursuant to  law;  provided
  that  when the filing of a supporting deposition is ordered by the court
  pursuant to subdivision two of said section 100.25,  a  failure  of  the
  complainant  police  officer or public servant to comply with such order
  within the time provided by  subdivision  two  of  said  section  100.25
  renders the simplified information insufficient on its face.
    3.  A  prosecutor's  information, or a count thereof, is sufficient on
  its face when it substantially conforms to the  requirements  prescribed
  in section 100.35.
    4.  A misdemeanor complaint or a felony complaint, 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 allegations of the factual part of such accusatory instrument
  and/or any  supporting  depositions  which  may  accompany  it,  provide
  reasonable  cause  to  believe  that the defendant committed the offense
  charged in the accusatory part of such instrument.
Section:  Previous  Article 100  100.05  100.07  100.10  100.15  100.20  100.25  100.30  100.35  100.40  100.45  100.50  100.55  Next

Last modified: February 15, 2014