Section 100.55. Local criminal court accusatory instruments; in what courts filed


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  • 1.  Any local criminal court accusatory instrument may be filed with a
      district court of a particular county when an  offense  charged  therein
      was  allegedly  committed in such county or that part thereof over which
      such court has jurisdiction.
        2.  Any local criminal court accusatory instrument may be  filed  with
      the  New  York  City  criminal court when an offense charged therein was
      allegedly committed in New York City.
        3.  Any local criminal court accusatory instrument may be filed with a
      city court of a particular city when  an  offense  charged  therein  was
      allegedly committed in such city.
        4.      An  information,  a  simplified  information,  a  prosecutor's
      information or a misdemeanor complaint may be filed with a town court of
      a  particular  town  when  an  offense  charged  therein  was  allegedly
      committed anywhere in such town other than in a village thereof having a
      village court.
        5.      An  information,  a  simplified  information,  a  prosecutor's
      information or a misdemeanor complaint may be filed with a village court
      of a particular village when an offense charged  therein  was  allegedly
      committed in such village.
        6.    A  felony  complaint may be filed with any town court or village
      court of a particular county when a felony charged therein was allegedly
      committed in some town of such county.  Such court need not be  that  of
      the town or village in which such felony was allegedly committed.
        7.   An information, a simplified information, a misdemeanor complaint
      or a felony complaint may be filed with a  judge  of  a  superior  court
      sitting  as  a  local criminal court when an offense charged therein was
      allegedly committed in a county in which such judge is then present  and
      in which he either resides or is currently holding, or has been assigned
      to hold, a term of a superior court.
        8.   Where it is otherwise expressly provided by law that a particular
      kind of accusatory instrument may under  given  circumstances  be  filed
      with  a  local criminal court other than one authorized by this section,
      nothing  contained  in  this  section  precludes  the  filing  of   such
      accusatory instrument accordingly.
        9.    In  any  case where each of two or more local criminal courts is
      authorized  as  a  proper  court  with  which  to  file  an   accusatory
      instrument,  such  an  instrument  may,  in  the  absence  of an express
      provision of law to the contrary, be filed with any one of  such  courts
      but not with more than one.
        10.    For  purposes  of  this section, an offense is "committed in" a
      particular county, city, town,  village  or  other  specified  political
      subdivision  or  area, not only when it is in fact committed therein but
      also when it is, for other  reasons  specified  in  sections  20.40  and
      20.50,   prosecutable   in   the  criminal  courts  having  geographical
      jurisdiction over such political subdivision or area.