Section 150.50. Appearance ticket; filing a local criminal court accusatory instrument; dismissal of insufficient instrument  


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  • 1.  A police officer or other public servant who has issued and served
      an appearance ticket must, at or before the time such appearance  ticket
      is  returnable,  file or cause to be filed with the local criminal court
      in which it is returnable a local criminal court  accusatory  instrument
      charging  the  person  named  in such appearance ticket with the offense
      specified therein.  Nothing herein contained shall authorize the use  of
      a simplified information when not authorized by law.
        2.    If  such accusatory instrument 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 accusatory instrument which is sufficient on  its  face,  it
      must dismiss such accusatory instrument.