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N.Y. Crim. Proc. Law § 130.30

Summons; when issuable

Redline — January 1, 2018 → current.View current text →
Current — January 1, 2020
As of January 1, 2018
* § 130.30 Summons; when issuable.\n A local criminal court may issue a summons in any case in which,\npursuant to section 120.20, it is authorized to issue a warrant of\narrest based upon an information, a prosecutor's information, a felony\ncomplaint or a misdemeanor complaint. If such information, prosecutor's\ninformation, felony complaint or misdemeanor complaint is not sufficient\non its face as prescribed in section 100.40, and if the court is\nsatisfied that on the basis of the available facts or evidence it would\nbe impossible to draw and file an authorized accusatory instrument that\nis sufficient on its face, the court must dismiss the accusatory\ninstrument. A superior court may issue a summons in any case in which,\npursuant to section 210.10, it is authorized to issue a warrant of\narrest based upon an indictment.\n * NB Effective until October 1, 2018\n* § 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 * NB Effective October 1, 2018; see ch. 59/2017 Pt. WWW § 106 sb b for\nfurther contingencies for 10/1/2019\n
§ 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

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.