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N.Y. Crim. Proc. Law § 130.10

Summons; definition, function, form and content

Redline — January 1, 2019 → current.View current text →
Current — January 1, 2020
As of January 1, 2019
§ 130.10 Summons; definition, function, form and content.\n * 1. A summons is a process issued by a local criminal court directing\na defendant designated in an information, a prosecutor's information, a\nfelony complaint or a misdemeanor complaint filed with such court, or a\nyouth part of a superior court directing a defendant designated in a\nfelony complaint, or by a superior court directing a defendant\ndesignated in an indictment filed with such court, to appear before it\nat a designated future time in connection with such accusatory\ninstrument. The sole function of a summons is to achieve a defendant's\ncourt appearance in a criminal action for the purpose of arraignment\nupon the accusatory instrument by which such action was commenced.\n * NB See ch. 59/2017 Pt. WWW § 106 sb b for further contingencies for\n10/1/2019\n 2. A summons must be subscribed by the issuing judge and must state or\ncontain (a) the name of the issuing court, and (b) the name of the\ndefendant to whom it is addressed, and (c) the name or title of an\noffense charged in the underlying accusatory instrument, and (d) the\ndate of issuance of the summons, and (e) the date and time when it is\nreturnable, and (f) a direction that the defendant appear before the\nissuing court at such time.\n
§ 130.10 Summons; definition, function, form and content.\n 1. A summons is a process issued by a local criminal court directing a\ndefendant designated in an information, a prosecutor's information, a\nfelony complaint or a misdemeanor complaint filed with such court, or a\nyouth part of a superior court directing a defendant designated in a\nfelony complaint, or by a superior court directing a defendant\ndesignated in an indictment filed with such court, to appear before it\nat a designated future time in connection with such accusatory\ninstrument. The sole function of a summons is to achieve a defendant's\ncourt appearance in a criminal action for the purpose of arraignment\nupon the accusatory instrument by which such action was commenced.\n 2. A summons must be subscribed by the issuing judge and must state or\ncontain (a) the name of the issuing court, and (b) the name of the\ndefendant to whom it is addressed, and (c) the name or title of an\noffense charged in the underlying accusatory instrument, and (d) the\ndate of issuance of the summons, and (e) the date and time when it is\nreturnable, and (f) a direction that the defendant appear before the\nissuing court at such time.\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.