Section 200.50. Indictment; form and content  


Latest version.
  • An indictment must contain:
        1. The name of the superior court in which it is filed; and
        2.  The  title  of  the  action and, where the defendant is a juvenile
      offender, a statement in the title that the defendant is  charged  as  a
      juvenile offender; and
        3.  A  separate accusation or count addressed to each offense charged,
      if there be more than one; and
        4. A statement in each count  that  the  grand  jury,  or,  where  the
      accusatory  instrument  is  a  superior  court information, the district
      attorney, accuses the defendant or defendants of a  designated  offense,
      provided  that in any prosecution under article four hundred eighty-five
      of the penal law, the designated offense shall be the specified offense,
      as defined in subdivision three of section  485.05  of  the  penal  law,
      followed  by  the phrase "as a hate crime", and provided further that in
      any prosecution under section 490.25 of the penal  law,  the  designated
      offense  shall be the specified offense, as defined in subdivision three
      of section 490.05 of the penal law, followed by the phrase "as  a  crime
      of  terrorism";  and  provided  further  that  in  any prosecution under
      section 130.91 of the penal law, the designated  offense  shall  be  the
      specified  offense,  as  defined in subdivision two of section 130.91 of
      the penal law, followed by the phrase "as a sexually motivated  felony";
      and
        5.  A  statement  in  each  count that the offense charged therein was
      committed in a designated county; and
        6. A statement in each count that  the  offense  charged  therein  was
      committed  on, or on or about, a designated date, or during a designated
      period of time; and
        7. A plain and concise factual statement in each count which,  without
      allegations of an evidentiary nature,
        (a)  asserts facts supporting every element of the offense charged and
      the  defendant's  or  defendants'  commission  thereof  with  sufficient
      precision  to clearly apprise the defendant or defendants of the conduct
      which is the subject of the accusation; and
        (b) in the case  of  any  armed  felony,  as  defined  in  subdivision
      forty-one  of  section 1.20, states that such offense is an armed felony
      and specifies the  particular  implement  the  defendant  or  defendants
      possessed,  were  armed  with,  used  or displayed or, in the case of an
      implement displayed, specifies what the implement appeared to be; and
        (c) in the case of any hate crime, as defined in section 485.05 of the
      penal law, specifies, as applicable, that the  defendant  or  defendants
      intentionally selected the person against whom the offense was committed
      or  intended to be committed; or intentionally committed the act or acts
      constituting the offense, in whole or in substantial part because  of  a
      belief  or  perception  regarding  the  race,  color,  national  origin,
      ancestry, gender,  religion,  religious  practice,  age,  disability  or
      sexual orientation of a person; and
        (d)  in the case of a crime of terrorism, as defined in section 490.25
      of the penal law,  specifies,  as  applicable,  that  the  defendant  or
      defendants  acted  with  intent  to  intimidate  or  coerce  a  civilian
      population, influence the policy of a unit of government by intimidation
      or coercion, or affect the conduct of a unit of  government  by  murder,
      assassination or kidnapping; and
        (e)  in the case of a sexually motivated felony, as defined in section
      130.91 of the penal law, asserts facts supporting  the  allegation  that
      the offense was sexually motivated; and
        8.  The  signature of the foreman or acting foreman of the grand jury,
      except where  the  indictment  has  been  ordered  reduced  pursuant  to
    
      subdivision  one-a  of  section 210.20 of this chapter or the accusatory
      instrument is a superior court information; and
        9. The signature of the district attorney.