2006 New York Code - Appearance Ticket; Filing A Local Criminal Court Accusatory Instrument; Dismissal Of Insufficient Instrument.
§ 150.50 Appearance ticket; filing a local criminal court accusatory
instrument; dismissal of insufficient instrument.
1. A police officer or other public servant who has issued and served
an appearance ticket must, at or before the time such appearance ticket
is returnable, file or cause to be filed with the local criminal court
in which it is returnable a local criminal court accusatory instrument
charging the person named in such appearance ticket with the offense
specified therein. Nothing herein contained shall authorize the use of
a simplified information when not authorized by law.
2. If such accusatory instrument is not sufficient on its face, as
prescribed in section 100.40, and if the court is satisfied that on the
basis of the available facts or evidence it would be impossible to draw
and file an accusatory instrument which is sufficient on its face, it
must dismiss such accusatory instrument.
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