2020 New York Laws
CPL - Criminal Procedure
Part 2 - The Principal Proceedings
Title H - Preliminary Proceedings in Local Criminal Court
Article 100 - Commencement of Action in Local Criminal Court or Youth Part of a Superior Court--Accusatory Instruments
100.10 - Local Criminal Court and Youth Part of the Superior Court Accusatory Instruments; Definitions Thereof.
§ 100.10 Local criminal court and youth part of the superior 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, or youth part of the superior 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.
