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New York Criminal Procedure Law Section 40.10 - Previous Prosecution; Definitions Of Terms.

Legal Research Home > New York Lawyer > Criminal Procedure > New York Criminal Procedure Law Section 40.10 - Previous Prosecution; Definitions Of Terms.

 
    § 40.10 Previous prosecution; definitions of terms.
    The following definitions are applicable to this article:
    1.    "Offense."    An  "offense" is committed whenever any conduct is
  performed which violates a statutory provision defining an offense;  and
  when  the same conduct or criminal transaction violates two or more such
  statutory provisions each such  violation  constitutes  a  separate  and
  distinct  offense.    The  same  conduct  or  criminal  transaction also
  establishes separate and distinct offenses when, though  violating  only
  one  statutory  provision,  it  results  in death, injury, loss or other
  consequences to two or more victims, and such result is  an  element  of
  the offense as defined.  In such case, as many offenses are committed as
  there are victims.
    2.    "Criminal  transaction" means conduct which establishes at least
  one offense, and which is comprised of two or more or a  group  of  acts
  either  (a)  so  closely  related  and  connected  in  point of time and
  circumstance of commission as to constitute a single criminal  incident,
  or  (b)  so  closely  related  in  criminal  purpose  or objective as to
  constitute elements or integral parts of a single criminal venture.

Last modified: July 31, 2006