Section 100.10. Local criminal court accusatory instruments; definitions thereof  


Latest version.
  • 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, 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.