N.Y. Crim. Proc. Law § 100.05
Commencement of action; in general
Redline — January 1, 2018 → current.View current text →
Current — January 1, 2020
As of January 1, 2018
§ 100.05 Commencement of action; in general.\n * A criminal action is commenced by the filing of an accusatory\ninstrument with a criminal court, and if more than one such instrument\nis filed in the course of the same criminal action, such action\ncommences when the first of such instruments is filed. The only way in\nwhich a criminal action can be commenced in a superior court is by the\nfiling therewith by a grand jury of an indictment against a defendant\nwho has never been held by a local criminal court for the action of such\ngrand jury with respect to any charge contained in such indictment.\nOtherwise, a criminal action can be commenced only in a local criminal\ncourt, by the filing therewith of a local criminal court accusatory\ninstrument, namely:\n * NB Effective until October 1, 2018\n * A criminal action is commenced by the filing of an accusatory\ninstrument with a criminal court, or, in the case of a juvenile offender\nor adolescent offender, other than an adolescent offender charged with\nonly a violation or traffic infraction, the youth part of the superior\ncourt, and if more than one such instrument is filed in the course of\nthe same criminal action, such action commences when the first of such\ninstruments is filed. The only way in which a criminal action can be\ncommenced in a superior court, other than a criminal action against a\njuvenile offender or adolescent offender is by the filing therewith by a\ngrand jury of an indictment against a defendant who has never been held\nby a local criminal court for the action of such grand jury with respect\nto any charge contained in such indictment. Otherwise, a criminal action\ncan be commenced only in a local criminal court, by the filing therewith\nof a local criminal court accusatory instrument, namely:\n * NB Effective October 1, 2018; see ch. 59/2017 Pt. WWW § 106 sb b for\nfurther contingencies for 10/1/2019\n 1. An information; or\n 2. A simplified information; or\n 3. A prosecutor's information; or\n 4. A misdemeanor complaint; or\n 5. A felony complaint.\n
§ 100.05 Commencement of action; in general.\n A criminal action is commenced by the filing of an accusatory\ninstrument with a criminal court, or, in the case of a juvenile offender\nor adolescent offender, other than an adolescent offender charged with\nonly a violation or traffic infraction, the youth part of the superior\ncourt, and if more than one such instrument is filed in the course of\nthe same criminal action, such action commences when the first of such\ninstruments is filed. The only way in which a criminal action can be\ncommenced in a superior court, other than a criminal action against a\njuvenile offender or adolescent offender is by the filing therewith by a\ngrand jury of an indictment against a defendant who has never been held\nby a local criminal court for the action of such grand jury with respect\nto any charge contained in such indictment. Otherwise, a criminal action\ncan be commenced only in a local criminal court, by the filing therewith\nof a local criminal court accusatory instrument, namely:\n 1. An information; or\n 2. A simplified information; or\n 3. A prosecutor's information; or\n 4. A misdemeanor complaint; or\n 5. A felony complaint.\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.