N.Y. Crim. Proc. Law § 130.30

§ 130.30 Summons; when issuable.\n A local criminal court or youth part of the superior court may issue a\nsummons in any case in which, pursuant to section 120.20, it is\nauthorized to issue a warrant of arrest based upon an information, a\nprosecutor's information, a felony complaint or a misdemeanor complaint.\nIf such information, prosecutor's information, felony complaint or\nmisdemeanor complaint is not sufficient on its face as prescribed in\nsection 100.40, and if the court is satisfied that on the basis of the\navailable facts or evidence it would be impossible to draw and file an\nauthorized accusatory instrument that is sufficient on its face, the\ncourt must dismiss the accusatory instrument. A superior court may issue\na summons in any case in which, pursuant to section 210.10, it is\nauthorized to issue a warrant of arrest based upon an indictment.\n