Section 130.30. Summons; when issuable

A  local  criminal  court  may  issue  a summons in any case in which,
  pursuant to section 120.20, it is  authorized  to  issue  a  warrant  of
  arrest  based  upon an information, a prosecutor's information, a felony
  complaint or a misdemeanor complaint. If such information,  prosecutor's
  information, felony complaint or misdemeanor complaint is not sufficient
  on  its  face  as  prescribed  in  section  100.40,  and if the court is
  satisfied that on the basis of the available facts or evidence it  would
  be  impossible to draw and file an authorized accusatory instrument that
  is sufficient on  its  face,  the  court  must  dismiss  the  accusatory
  instrument.  A  superior court may issue a summons in any case in which,
  pursuant to section 210.10, it is  authorized  to  issue  a  warrant  of
  arrest based upon an indictment.