NY-CPL Criminal Procedure Law NY

Short title.

This chapter shall be known as the criminal procedure law, and may be

cited as "CPL".

Applicability of chapter to actions and matter occurring before

and after effective date.

1. The provisions of this chapter apply exclusively to:

(a) All criminal actions and proceedings commenced upon or after the

effective date thereof and all appeals and other post-judgment

proceedings relating or attaching thereto; and

(b) All matters of criminal procedure prescribed in this chapter

which do not constitute a part of any particular action or case,

occurring upon or after such effective date.

2. The provisions of this chapter apply to (a) all criminal actions

and proceedings commenced prior to the effective date thereof but still

pending on such date, and (b) all appeals and other post-judgment

proceedings commenced upon or after such effective date which relate or

attach to criminal actions and proceedings commenced or concluded prior

to such effective date; provided that, if application of such provisions

in any particular case would not be feasible or would work injustice,

the provisions of the code of criminal procedure apply thereto.

3. The provisions of this chapter do not impair or render ineffectual

any proceedings or procedural matters which occurred prior to the

effective date thereof.

Definitions of terms of general use in this chapter.

Except where different meanings are expressly specified in subsequent

provisions of this chapter, the term definitions contained in section

10.00 of the penal law are applicable to this chapter, and, in addition,

the following terms have the following meanings:

1. "Accusatory instrument" means: (a) an indictment, an indictment

ordered reduced pursuant to subdivision one-a of section 210.20 of this

chapter, an information, a simplified information, a prosecutor's

information, a superior court information, a misdemeanor complaint or a

felony complaint. Every accusatory instrument, regardless of the person

designated therein as accuser, constitutes an accusation on behalf of

the state as plaintiff and must be entitled "the people of the state of

New York" against a designated person, known as the defendant; and

(b) an appearance ticket issued for a parking infraction when (i) such

ticket is based on personal knowledge or information and belief of the

police officer or other public servant who issues the ticket, (ii) the

police officer or other public servant who issues such ticket verifies

that false statements made therein are punishable as a class A

misdemeanor, (iii) the infraction or infractions contained therein are

stated in detail and not in conclusory terms so as to provide the

defendant with sufficient notice including, but not limited, to the

applicable provision of law allegedly violated, and the date, time and

particular place of the alleged infraction, and (iv) such ticket

contains: (1) the license plate designation of the ticketed vehicle, (2)

the license plate type of the ticketed vehicle, (3) the expiration of

the ticketed vehicle's registration, (4) the make or model of the

ticketed vehicle, and (5) the body type of the ticketed vehicle,

provided, however, that where the plate type or the expiration date are

not shown on either the registration plates or sticker of a vehicle or

where the registration sticker is covered, faded, defaced or mutilated

so that it is unreadable, the plate type or the expiration date may be

omitted, provided, further, however, that such condition must be so

described and inserted on the instrument.

2. "Local criminal court accusatory instrument" means any accusatory

instrument other than an indictment or a superior court information.

3. "Indictment" means a written accusation by a grand jury, more fully

defined and described in article two hundred, filed with a superior

court, which charges one or more defendants with the commission of one

or more offenses, at least one of which is a crime, and which serves as

a basis for prosecution thereof.

3-a. "Superior court information" means a written accusation by a

district attorney more fully defined and described in articles one

hundred ninety-five and two hundred, filed with a superior court

pursuant to article one hundred ninety-five, which charges one or more

defendants with the commission of one or more offenses, at least one of

which is a crime, and which serves as a basis for prosecution thereof.

4. "Information" means a verified written accusation by a person, more

fully defined and described in article one hundred, filed with a local

criminal court, which charges one or more defendants with the commission

of one or more offenses, none of which is a felony, and which may serve

both to commence a criminal action and as a basis for prosecution

thereof.

* 5. "Simplified traffic information" means a written accusation, more

fully defined and described in article one hundred, by a police officer

or other public servant authorized by law to issue same, filed with a

local criminal court, which, being in a brief or simplified form

prescribed by the commissioner of motor vehicles, charges a person with

one or more traffic infractions or misdemeanors relating to traffic, and

which may serve both to commence a criminal action for such offense and

as a basis for prosecution thereof.

* NB There are 2 sb 5's -- cannot be put together

* 5. (a) "Simplified information" means a simplified traffic

information, a simplified parks information, or a simplified

environmental conservation information.

(b) "Simplified traffic information" means a written accusation by a

police officer, or other public servant authorized by law to issue same,

more fully defined and described in article one hundred, filed with a

local criminal court, which, being in a brief or simplified form

prescribed by the commissioner of motor vehicles, charges a person with

one or more traffic infractions or misdemeanors relating to traffic, and

which may serve both to commence a criminal action for such offense and

as a basis for prosecution thereof.

(c) "Simplified parks information" means a written accusation by a

police officer, or other public servant authorized by law to issue same,

filed with a local criminal court, which, being in a brief or simplified

form prescribed by the commissioner of parks and recreation, charges a

person with 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 the navigation law, and which may serve both to

commence a criminal action for such offense and as a basis for

prosecution thereof.

(d) "Simplified environmental conservation information" means a

written accusation by a police officer, or other public servant

authorized by law to issue same, filed with a local criminal court,

which being in a brief or simplified form prescribed by the commissioner

of environmental conservation, charges a person with one or more

offenses, other than a felony, for which a uniform simplified

environmental conservation simplified information may be issued pursuant

to the environmental conservation law, and which may serve both to

commence a criminal action for such offense and as a basis for

prosecution thereof.

* NB There are 2 sb 5's -- cannot be put together

6. "Prosecutor's information" means a written accusation by a district

attorney, more fully defined and described in article one hundred, filed

with a local criminal court, which charges one or more defendants with

the commission of one or more offenses, none of which is a felony, and

which serves as a basis for prosecution thereof.

7. "Misdemeanor complaint" means a verified written accusation by a

person, more fully defined and described in article one hundred, filed

with a local criminal court, which charges one or more defendants with

the commission of one or more offenses, at least one of which is a

misdemeanor and none of which is a felony, and which serves to commence

a criminal action but which may not, except upon the defendant's

consent, serve as a basis for prosecution of the offenses charged

therein.

8. "Felony complaint" means a verified written accusation by a person,

more fully defined and described in article one hundred, filed with a

local criminal court, which charges one or more defendants with the

commission of one or more felonies and which serves to commence a

criminal action but not as a basis for prosecution thereof.

9. "Arraignment" means the occasion upon which a defendant against

whom an accusatory instrument has been filed appears before the court in

which the criminal action is pending for the purpose of having such

court acquire and exercise control over his person with respect to such

accusatory instrument and of setting the course of further proceedings

in the action.

10. "Plea," in addition to its ordinary meaning as prescribed in

sections 220.10 and 340.20, means, where appropriate, the occasion upon

which a defendant enters such a plea to an accusatory instrument.

11. "Trial." A jury trial commences with the selection of the jury and

includes all further proceedings through the rendition of a verdict. A

non-jury trial commences with the first opening address, if there be

any, and, if not, when the first witness is sworn, and includes all

further proceedings through the rendition of a verdict.

12. "Verdict" means the announcement by a jury in the case of a jury

trial, or by the court in the case of a non-jury trial, of its decision

upon the defendant's guilt or innocence of the charges submitted to or

considered by it.

13. "Conviction" means the entry of a plea of guilty to, or a verdict

of guilty upon, an accusatory instrument other than a felony complaint,

or to one or more counts of such instrument.

14. "Sentence" means the imposition and entry of sentence upon a

conviction.

15. "Judgment." A judgment is comprised of a conviction and the

sentence imposed thereon and is completed by imposition and entry of the

sentence.

16. "Criminal action." A criminal action (a) commences with the filing

of an accusatory instrument against a defendant in a criminal court, as

specified in subdivision seventeen; (b) includes the filing of all

further accusatory instruments directly derived from the initial one,

and all proceedings, orders and motions conducted or made by a criminal

court in the course of disposing of any such accusatory instrument, or

which, regardless of the court in which they occurred or were made,

could properly be considered as a part of the record of the case by an

appellate court upon an appeal from a judgment of conviction; and (c)

terminates with the imposition of sentence or some other final

disposition in a criminal court of the last accusatory instrument filed

in the case.

17. "Commencement of criminal action." A criminal action is commenced

by the filing of an accusatory instrument against a defendant in a

criminal court, and, if more than one accusatory instrument is filed in

the course of the action, it commences when the first of such

instruments is filed.

18. "Criminal proceeding" means any proceeding which (a) constitutes a

part of a criminal action or (b) occurs in a criminal court and is

related to a prospective, pending or completed criminal action, either

of this state or of any other jurisdiction, or involves a criminal

investigation.

19. "Criminal court" means any court defined as such by section 10.10.

20. "Superior court" means any court defined as such by subdivision

two of section 10.10.

21. "Local criminal court" means any court defined as such by

subdivision three of section 10.10.

22. "Intermediate appellate court" means any court possessing

appellate jurisdiction, other than the court of appeals.

23. "Judge" means any judicial officer who is a member of or

constitutes a court, whether referred to in another provision of law as

a justice or by any other title.

24. "Trial jurisdiction." A criminal court has "trial jurisdiction" of

an offense when an indictment or an information charging such offense

may properly be filed with such court, and when such court has authority

to accept a plea to, try or otherwise finally dispose of such accusatory

instrument.

25. "Preliminary jurisdiction." A criminal court has "preliminary

jurisdiction" of an offense when, regardless of whether it has trial

jurisdiction thereof, a criminal action for such offense may be

commenced therein, and when such court may conduct proceedings with

respect thereto which lead or may lead to prosecution and final

disposition of the action in a court having trial jurisdiction thereof.

26. "Appearance ticket" means a written notice issued by a public

servant, more fully defined in section 150.10, requiring a person to

appear before a local criminal court in connection with an accusatory

instrument to be filed against him therein.

27. "Summons" means a process of a local criminal court or superior

court, more fully defined in section 130.10, requiring a defendant to

appear before such court for the purpose of arraignment upon an

accusatory instrument filed therewith by which a criminal action against

him has been commenced.

28. "Warrant of arrest" means a process of a local criminal court,

more fully defined in section 120.10, directing a police officer to

arrest a defendant and to bring him before such court for the purpose of

arraignment upon an accusatory instrument filed therewith by which a

criminal action against him has been commenced.

29. "Superior court warrant of arrest" means a process of a superior

court directing a police officer to arrest a defendant and to bring him

before such court for the purpose of arraignment upon an indictment

filed therewith by which a criminal action against him has been

commenced.

30. "Bench warrant" means a process of a criminal court in which a

criminal action is pending, directing a police officer, or a uniformed

court officer, pursuant to paragraph b of subdivision two of section

530.70 of this chapter, to take into custody a defendant in such action

who has previously been arraigned upon the accusatory instrument by

which the action was commenced, and to bring him before such court. The

function of a bench warrant is to achieve the court appearance of a

defendant in a pending criminal action for some purpose other than his

initial arraignment in the action.

31. "Prosecutor" means a district attorney or any other public servant

who represents the people in a criminal action.

32. "District attorney" means a district attorney, an assistant

district attorney or a special district attorney, and, where

appropriate, the attorney general, an assistant attorney general, a

deputy attorney general, a special deputy attorney general, or the

special prosecutor and inspector general for the protection of people

with special needs or his or her assistants when acting pursuant to

their duties in matters arising under article twenty of the executive

law, or the inspector general of New York for transportation or his or

her deputies when acting pursuant to article four-B of the executive

law.

33. "Peace officer" means a person listed in section 2.10 of this

chapter.

34. "Police officer." The following persons are police officers:

(a) A sworn member of the division of state police;

(b) Sheriffs, under-sheriffs and deputy sheriffs of counties outside

of New York City where such department is certified in accordance with

paragraph (d) of subdivision one of section eight hundred forty-six-h of

the executive law;

(c) A sworn officer of an authorized county or county parkway police

department where such department is certified in accordance with

paragraph (d) of subdivision one of section eight hundred forty-six-h of

the executive law;

(d) A sworn officer of an authorized police department or force of a

city, town, village or police district where such department or force is

certified in accordance with paragraph (d) of subdivision one of section

eight hundred forty-six-h of the executive law;

(e) A sworn officer of an authorized police department of an authority

or a sworn officer of the state regional park police in the office of

parks and recreation where such department or force is certified in

accordance with paragraph (d) of subdivision one of section eight

hundred forty-six-h of the executive law;

(f) A sworn officer of the capital police force of the office of

general services where such force is certified in accordance with

paragraph (d) of subdivision one of section eight hundred forty-six-h of

the executive law;

(g) An investigator employed in the office of a district attorney;

(h) An investigator employed by the New York Waterfront Commission or

a commission created by an interstate compact who is, to a substantial

extent, engaged in the enforcement of the criminal laws of this state;

(i) The chief and deputy fire marshals, the supervising fire marshals

and the fire marshals of the bureau of fire investigation of the New

York City fire department;

(j) A sworn officer of the division of law enforcement in the

department of environmental conservation where such division is

certified in accordance with paragraph (d) of subdivision one of section

eight hundred forty-six-h of the executive law;

(k) A sworn officer of the New York Waterfront Commission or a police

force of a public authority created by an interstate compact where such

force is certified in accordance with paragraph (d) of subdivision one

of section eight hundred forty-six-h of the executive law;

(m) A special investigator employed in the statewide organized crime

task force, while performing his assigned duties pursuant to section

seventy-a of the executive law.

(n) A sworn officer of the Westchester county department of public

safety services who, on or prior to June thirtieth, nineteen hundred

seventy-nine was appointed as a sworn officer of the division of

Westchester county parkway police or who was appointed on or after July

first, nineteen hundred seventy-nine to the title of police officer,

sergeant, lieutenant, captain or inspector or who, on or prior to

January thirty-first, nineteen hundred eighty-three, was appointed as a

Westchester county deputy sheriff.

(o) A sworn officer of the New York city department of environmental

protection police, employed by the city of New York, appointed to

protect the sources, works, and transmission of water supplied to the

city of New York, and to protect persons on or in the vicinity of such

water sources, works, and transmission where such department is

certified in accordance with paragraph (d) of subdivision one of section

eight hundred forty-six-h of the executive law;

(p) Persons appointed as railroad police officers pursuant to section

eighty-eight of the railroad law where such department or force is

certified in accordance with paragraph (d) of subdivision one of section

eight hundred forty-six-h of the executive law;

(q) An employee of the department of taxation and finance (i) assigned

to enforcement of the taxes imposed under or pursuant to the authority

of article twelve-A of the tax law and administered by the commissioner

of taxation and finance, taxes imposed under or pursuant to the

authority of article eighteen of the tax law and administered by the

commissioner, taxes imposed under article twenty of the tax law, or

sales or compensating use taxes relating to petroleum products or

cigarettes imposed under article twenty-eight or pursuant to the

authority of article twenty-nine of the tax law and administered by the

commissioner or (ii) designated as a revenue crimes specialist and

assigned to the enforcement of the taxes described in paragraph (c) of

subdivision four of section 2.10 of this title, for the purpose of

applying for and executing search warrants under article six hundred

ninety of this chapter, for the purpose of acting as a claiming agent

under article thirteen-A of the civil practice law and rules in

connection with the enforcement of the taxes referred to above and for

the purpose of executing warrants of arrest relating to the respective

crimes specified in subdivision four of section 2.10 of this title.

(r) Any employee of the Suffolk county department of parks who is

appointed as a Suffolk county park police officer.

(s) A university police officer appointed by the state university

pursuant to paragraph 1 of subdivision two of section three hundred

fifty-five of the education law where such department or force is

certified in accordance with paragraph (d) of subdivision one of section

eight hundred forty-six-h of the executive law;

(t) A sworn officer of the department of public safety of the Buffalo

municipal housing authority who has achieved or been granted the status

of sworn police officer and has been certified by the division of

criminal justice services as successfully completing an approved basic

course for police officers.

(u) Persons appointed as Indian police officers pursuant to section

one hundred fourteen of the Indian law where such department or force is

certified in accordance with paragraph (d) of subdivision one of section

eight hundred forty-six-h of the executive law;

(v) Supervisor of forest ranger services; assistant supervisor of

forest ranger services; forest ranger 3; forest ranger 2; forest ranger

1 employed by the state department of environmental conservation or

sworn officer of the division of forest protection and fire management

in the department of environmental conservation responsible for wild

land search and rescue, wild land fire management in the state as

prescribed in subdivision eighteen of section 9-0105 and title eleven of

article nine of the environmental conservation law, exercising care,

custody and control of state lands administered by the department of

environmental conservation.

34-a. "Geographical area of employment." The "geographical area of

employment" of certain police officers is as follows:

* (a) Except as provided in paragraph (d) of this subdivision, New

York state constitutes the "geographical area of employment" of any

police officer employed as such by an agency of the state or by an

authority which functions throughout the state, or a police officer

designated by the superintendent of state police pursuant to section two

hundred twenty-three of the executive law;

* NB Effective until September 1, 2027

* (a) Except as provided in paragraph (d), New York state constitutes

the "geographical area of employment" of any police officer employed as

such by an agency of the state or by an authority which functions

throughout the state;

* NB Effective September 1, 2027

(b) A county, city, town or village, as the case may be, constitutes

the "geographical area of employment" of any police officer employed as

such by an agency of such political subdivision or by an authority which

functions only in such political subdivision; and

(c) Where an authority functions in more than one county, the

"geographical area of employment" of a police officer employed thereby

extends through all of such counties.

(d) The geographical area of employment of a police officer appointed

by the state university is the campuses and other property of the state

university, including any portion of a public highway which crosses or

abuts such property.

(e) The geographical area of employment of a police officer appointed

pursuant to section one hundred fourteen of the Indian law is within the

county of Franklin, and within that county, only within the boundary of

the St. Regis reservation, except that if the superintendent of state

police has certified such officer with expanded jurisdiction within the

county of Franklin, pursuant to subdivision eight-a of such section, the

geographical area of employment of such police officer shall also

include the area of expanded jurisdiction set forth in that subdivision.

35. "Commitment to the custody of the sheriff," when referring to an

order of a court located in a county or city which has established a

department of correction, means commitment to the commissioner of

correction of such county or city.

36. "County" ordinarily means (a) any county outside of New York City

or (b) New York City in its entirety. Unless the context requires a

different construction, New York City, despite its five counties, is

deemed a single county within the meaning of the provisions of this

chapter in which that term appears.

37. "Lesser included offense." When it is impossible to commit a

particular crime without concomitantly committing, by the same conduct,

another offense of lesser grade or degree, the latter is, with respect

to the former, a "lesser included offense." In any case in which it is

legally possible to attempt to commit a crime, an attempt to commit such

crime constitutes a lesser included offense with respect thereto.

38. "Oath" includes an affirmation and every other mode authorized by

law of attesting to the truth of that which is stated.

39. "Petty offense" means a violation or a traffic infraction.

40. "Evidence in chief" means evidence, received at a trial or other

criminal proceeding in which a defendant's guilt or innocence of an

offense is in issue, which may be considered as a part of the quantum of

substantive proof establishing or tending to establish the commission of

such offense or an element thereof or the defendant's connection

therewith.

41. "Armed felony" means any violent felony offense defined in section

70.02 of the penal law that includes as an element either:

(a) possession, being armed with or causing serious physical injury by

means of a deadly weapon, if the weapon is a loaded weapon from which a

shot, readily capable of producing death or other serious physical

injury may be discharged; or

(b) display of what appears to be a pistol, revolver, rifle, shotgun,

machine gun or other firearm.

42. "Juvenile offender" means (1) a person, thirteen years old who is

criminally responsible for acts constituting murder in the second degree

as defined in subdivisions one and two of section 125.25 of the penal

law, or such conduct as a sexually motivated felony, where authorized

pursuant to section 130.91 of the penal law; and (2) a person fourteen

or fifteen years old who is criminally responsible for acts constituting

the crimes defined in subdivisions one and two of section 125.25 (murder

in the second degree) and in subdivision three of such section provided

that the underlying crime for the murder charge is one for which such

person is criminally responsible; section 135.25 (kidnapping in the

first degree); 150.20 (arson in the first degree); subdivisions one and

two of section 120.10 (assault in the first degree); 125.20

(manslaughter in the first degree); paragraphs (a) and (b) of

subdivision one, paragraphs (a) and (b) of subdivision two and

paragraphs (a) and (b) of subdivision three of section 130.35 (rape in

the first degree); former subdivisions one and two of section 130.35

(rape in the first degree); subdivisions one and two of former section

130.50; 130.70 (aggravated sexual abuse in the first degree); 140.30

(burglary in the first degree); subdivision one of section 140.25

(burglary in the second degree); 150.15 (arson in the second degree);

160.15 (robbery in the first degree); subdivision two of section 160.10

(robbery in the second degree) of the penal law; or section 265.03 of

the penal law, where such machine gun or such firearm is possessed on

school grounds, as that phrase is defined in subdivision fourteen of

section 220.00 of the penal law; or defined in the penal law as an

attempt to commit murder in the second degree or kidnapping in the first

degree, or such conduct as a sexually motivated felony, where authorized

pursuant to section 130.91 of the penal law.

43. "Judicial hearing officer" means a person so designated pursuant

to provisions of article twenty-two of the judiciary law.

44. "Adolescent offender" means a person charged with a felony

committed on or after October first, two thousand eighteen when he or

she was sixteen years of age or on or after October first, two thousand

nineteen, when he or she was seventeen years of age.

45. "Expunge" means, where an arrest and any enforcement activity

connected with that arrest, including prosecution and any disposition in

any New York state court, is deemed a nullity and the accused is

restored, in contemplation of the law, to the status such individual

occupied before the arrest, prosecution and/or disposition; that records

of such arrest, prosecution and/or disposition shall be marked as

expunged or shall be destroyed as set forth in section 160.50 of this

chapter. Neither the arrest nor prosecution and/or disposition, if any,

of a matter deemed a nullity shall operate as a disqualification of any

person so accused to pursue or engage in any lawful activity,

occupation, profession or calling. Except where specifically required or

permitted by statute or upon specific authorization of a superior court,

no such person shall be required to divulge information pertaining to

the arrest, prosecution and/or disposition of such a matter.

Persons designated as peace officers.

Notwithstanding the provisions of any general, special or local law or

charter to the contrary, only the following persons shall have the

powers of, and shall be peace officers:

1. Constables or police constables of a town or village, provided such

designation is not inconsistent with local law.

2. The sheriff, undersheriff and deputy sheriffs of New York city and

sworn officers of the Westchester county department of public safety

services appointed after January thirty-first, nineteen hundred

eighty-three to the title of public safety officer and who perform the

functions previously performed by a Westchester county deputy sheriff on

or prior to such date.

3. Investigators of the office of the state commission of

investigation.

4. Employees of the department of taxation and finance designated by

the commissioner of taxation and finance as peace officers and assigned

by the commissioner of taxation and finance (a) to the enforcement of

any of the criminal or seizure and forfeiture provisions of the tax law

relating to (i) taxes imposed under or pursuant to the authority of

article twelve-A of the tax law and administered by the commissioner,

(ii) taxes imposed under or pursuant to the authority of article

eighteen of the tax law and administered by the commissioner, (iii)

taxes imposed under article twenty of the tax law, or (iv) sales or

compensating use taxes relating to petroleum products or cigarettes

imposed under article twenty-eight or pursuant to the authority of

article twenty-nine of the tax law and administered by the commissioner

or

(b) to the enforcement of any provision of the penal law relating to

any of the taxes described in paragraph (a) of this subdivision and

relating to crimes effected through the use of a statement or document

filed with the department in connection with the administration of such

taxes or

(c) as revenue crimes specialist and assigned to the enforcement of

any of the criminal provisions of the tax law relating to taxes

administered by the commissioner of taxation and finance other than

those taxes set forth in paragraph (a) of this subdivision or any

provision of the penal law relating to such taxes, and those provisions

of the penal law (i) relating to any of the foregoing taxes and (ii)

relating to crimes effected through the use of a statement or document

filed with the department in connection with the administration of such

foregoing taxes or

(d) to the enforcement of any provision of law which is subject to

enforcement by criminal penalties and which relates to the performance

by persons employed by the department of taxation and finance of the

duties of their employment.

Provided, however, that nothing in this subdivision shall be deemed to

authorize any such employee designated as a peace officer after November

first, nineteen hundred eighty-five to carry, possess, repair or dispose

of a firearm unless the appropriate license therefor has been issued

pursuant to section 400.00 of the penal law, and further provided that,

prior to such designation by the commissioner each such employee shall

have successfully completed the training requirements specified in

section 2.30 of this article. Provided, further, that any license issued

to such employee pursuant to such peace officer designation by the

commissioner shall relate only to the firearm issued to such employee by

the department of taxation and finance and such permit shall not cover

any other firearms. The foregoing sentence shall not be deemed to

prohibit such peace officer from applying for a separate permit relating

to non-departmental firearms.

5. Employees of the New York city department of finance assigned to

enforcement of the tax on cigarettes imposed by title D of chapter

forty-six of the administrative code of the city of New York by the

commissioner of finance.

6. Confidential investigators and inspectors, as designated by the

commissioner, of the department of agriculture and markets, pursuant to

rules of the department.

7. Officers or agents of a duly incorporated society for the

prevention of cruelty to animals.

* 7-a. Officers or agents of a duly incorporated society for the

prevention of cruelty to children in Rockland county; provided, however,

that nothing in this subdivision shall be deemed to authorize such

officer or agent to carry, possess, repair, or dispose of a firearm

unless the appropriate license therefor has been issued pursuant to

section 400.00 of the penal law; and provided further that such officer

or agent shall exercise the powers of a peace officer only when he is

acting pursuant to his special duties.

* NB Repealed August 11, 2027

8. Inspectors and officers of the New York city department of health

when acting pursuant to their special duties as set forth in section

564-11.0 of the administrative code of the city of New York; provided,

however, that nothing in this subdivision shall be deemed to authorize

such officer to carry, possess, repair or dispose of a firearm unless

the appropriate license therefor has been issued pursuant to section

400.00 of the penal law.

9. Park rangers in Suffolk county, who shall be authorized to issue

appearance tickets, simplified traffic informations, simplified parks

informations and simplified environmental conservation informations.

10. Broome county park rangers who shall be authorized to issue

appearance tickets, simplified traffic informations, simplified parks

informations, and simplified environmental conservation informations;

provided, however, that nothing in this subdivision shall be deemed to

authorize such officer to carry, possess, repair or dispose of a firearm

unless the appropriate license therefor has been issued pursuant to

section 400.00 of the penal law.

11. Park rangers in Onondaga and Cayuga counties, who shall be

authorized to issue appearance tickets, simplified traffic informations,

simplified parks informations and simplified environmental conservation

informations, within the respective counties of Onondaga and Cayuga.

12. Special police officers designated by the commissioner and the

directors of in-patient facilities in the office of mental health

pursuant to section 7.25 of the mental hygiene law, and special police

officers designated by the commissioner and the directors of facilities

under his or her jurisdiction in the office for people with

developmental disabilities pursuant to section 13.25 of the mental

hygiene law; provided, however, that nothing in this subdivision shall

be deemed to authorize such officers to carry, possess, repair or

dispose of a firearm unless the appropriate license therefor has been

issued pursuant to section 400.00 of the penal law.

13. Persons designated as special police officers by the director of a

hospital in the department of health pursuant to section four hundred

fifty-five of the public health law; provided, however, that nothing in

this subdivision shall be deemed to authorize such officer to carry,

possess, repair or dispose of a firearm unless the appropriate license

therefor has been issued pursuant to section 400.00 of the penal law.

15. Uniformed enforcement forces of the New York state thruway

authority, when acting pursuant to subdivision two of section three

hundred sixty-one of the public authorities law; provided, however, that

nothing in this subdivision shall be deemed to authorize such officer to

carry, possess, repair or dispose of a firearm unless the appropriate

license therefor has been issued pursuant to section 400.00 of the penal

law.

16. Employees of the department of health designated pursuant to

section thirty-three hundred eighty-five of the public health law;

provided, however, that nothing in this subdivision shall be deemed to

authorize such officer to carry, possess, repair or dispose of a firearm

unless the appropriate license therefor has been issued pursuant to

section 400.00 of the penal law.

17. Uniformed housing guards of the Buffalo municipal housing

authority.

18. Bay constable of the city of Rye, the villages of Mamaroneck,

South Nyack and bay constables of the towns of East Hampton, Hempstead,

Oyster Bay, Riverhead, Southampton, Southold, Islip, Shelter Island,

Brookhaven, Babylon, Smithtown, Huntington and North Hempstead;

provided, however, that nothing in this subdivision shall be deemed to

authorize the bay constables in the city of Rye, the village of South

Nyack or the towns of Brookhaven, Babylon, Southold, East Hampton,

Riverhead, Islip, other than a bay constable of the town of Islip who

prior to April third, nineteen hundred ninety-eight served as

harbormaster for such town and whose position was reclassified as bay

constable for such town prior to such date, Smithtown, Huntington and

Shelter Island to carry, possess, repair or dispose of a firearm unless

the appropriate license therefor has been issued pursuant to section

400.00 of the penal law.

19. Harbor masters appointed by a county, city, town or village.

20. Bridge and tunnel officers, sergeants, lieutenants, captains,

inspectors, deputy chiefs, assistant chiefs, and chiefs of the

Triborough bridge and tunnel authority.

21. a. Uniformed court officers of the unified court system.

b. Court clerks of the unified court system in the first and second

departments.

c. Marshall, deputy marshall, clerk or uniformed court officer of a

district court.

(d) Marshalls or deputy marshalls of a city court, provided, however,

that nothing in this subdivision shall be deemed to authorize such

officer to carry, possess, repair or dispose of a firearm unless the

appropriate license therefor has been issued pursuant to section 400.00

of the penal law.

e. Uniformed court officers of the city of Mount Vernon.

f. Uniformed court officers of the city of Jamestown.

22. Patrolmen appointed by the Lake George park commission; provided

however that nothing in this subdivision shall be deemed to authorize

such officer to carry, possess, repair or dispose of a firearm unless

the appropriate license therefor has been issued pursuant to section

400.00 of the penal law.

23. Parole officers or warrant officers in the department of

corrections and community supervision.

23-a. Parole revocation specialists in the department of corrections

and community supervision; provided, however, that nothing in this

subdivision shall be deemed to authorize such employee to carry,

possess, repair or dispose of a firearm unless the appropriate license

therefor has been issued pursuant to section 400.00 of the penal law.

24. Probation officers.

25. Officials, as designated by the commissioner of the department of

corrections and community supervision pursuant to rules of the

department, and correction officers of any state correctional facility

or of any penal correctional institution.

26. Peace officers designated pursuant to the provisions of the New

York state defense emergency act, as set forth in chapter seven hundred

eighty-four of the laws of nineteen hundred fifty-one, as amended, when

acting pursuant to their special duties during a period of attack or

imminent attack by enemy forces, or during official drills called to

combat natural or man-made disasters, or during official drills in

preparation for an attack by enemy forces or in preparation for a

natural or man-made disaster; provided, however, that nothing in this

subdivision shall be deemed to authorize such officer to carry, possess,

repair or dispose of a firearm unless the appropriate license therefor

has been issued pursuant to section 400.00 of the penal law; and

provided further, that such officer shall have the powers set forth in

section 2.20 of this article only during a period of imminent or actual

attack by enemy forces and during drills authorized under section

twenty-nine-b of article two-B of the executive law, providing for the

use of civil defense forces in disasters. Notwithstanding any other

provision of law, such officers shall have the power to direct and

control traffic during official drills in preparation for an attack by

enemy forces or in preparation for combating natural or man-made

disasters; however, this grant does not include any of the other powers

set forth in section 2.20 of this article.

27. New York city special patrolmen appointed by the police

commissioner pursuant to subdivision c or e of section 434a-7.0 or

subdivision c or e of section 14-106 of the administrative code of the

city of New York; provided, however, that nothing in this subdivision

shall be deemed to authorize such officer to carry, possess, repair or

dispose of a firearm unless the appropriate license therefor has been

issued pursuant to section 400.00 of the penal law and the employer has

authorized such officer to possess a firearm during any phase of the

officers on-duty employment. Special patrolmen shall have the powers set

forth in section 2.20 of this article only when they are acting pursuant

to their special duties; provided, however, that the following

categories of New York city special patrolmen shall have such powers

whether or not they are acting pursuant to their special duties: school

safety officers employed by the board of education of the city of New

York; parking control specialists, taxi and limousine inspectors, urban

park rangers and evidence and property control specialists employed by

the city of New York; and further provided that, with respect to the

aforementioned categories of New York city special patrolmen, where such

a special patrolman has been appointed by the police commissioner and,

upon the expiration of such appointment the police commissioner has

neither renewed such appointment nor explicitly determined that such

appointment shall not be renewed, such appointment shall remain in full

force and effect indefinitely, until such time as the police

commissioner expressly determines to either renew or terminate such

appointment.

28. All officers and members of the uniformed force of the New York

city fire department as set forth and subject to the limitations

contained in section 487a-15.0 of the administrative code of the city of

New York; provided, however, that nothing in this subdivision shall be

deemed to authorize such officer to carry, possess, repair or dispose of

a firearm unless the appropriate license therefor has been issued

pursuant to section 400.00 of the penal law.

29. Special police officers for horse racing, appointed pursuant to

the provisions of the pari-mutuel revenue law as set forth in chapter

two hundred fifty-four of the laws of nineteen hundred forty, as

amended; provided, however, that nothing in this subdivision shall be

deemed to authorize such officer to carry, possess, repair or dispose of

a firearm unless the appropriate license therefor has been issued

pursuant to section 400.00 of the penal law.

30. Supervising fire inspectors, fire inspectors, the fire marshal and

assistant fire marshals, all of whom are full-time employees of the

county of Nassau fire marshal's office.

32. Investigators of the department of motor vehicles, pursuant to

section three hundred ninety-two-b of the vehicle and traffic law;

provided, however, that nothing in this subdivision shall be deemed to

authorize such officer to carry, possess, repair or dispose of a firearm

unless the appropriate license therefor has been issued pursuant to

section 400.00 of the penal law.

33. A city marshall of the city of New York who has received training

in firearms handling from the federal bureau of investigation or in the

New York city police academy, or in the absence of the available

training programs from the federal bureau of investigation and the New

York city police academy, from another law enforcement agency located in

the state of New York, and who has received a firearms permit from the

license division of the New York city police department.

34. New York Waterfront investigators, pursuant to article nineteen-I

of the executive law; provided, however, that nothing in this

subdivision shall be deemed to authorize such officer to carry, possess,

repair or dispose of a firearm unless the appropriate license therefor

has been issued pursuant to section 400.00 of the penal law.

35. Special investigators appointed by the state board of elections,

pursuant to secton 3-107 of the election law.

36. Investigators appointed by the state liquor authority, pursuant to

section fifteen of the alcoholic beverage control law; provided,

however, that nothing in this subdivision shall be deemed to authorize

such officer to carry, possess, repair or dispose of a firearm unless

the appropriate license therefor has been issued pursuant to section

400.00 of the penal law.

37. Special patrolmen of a political subdivision, appointed pursuant

to section two hundred nine-v of the general municipal law; provided,

however, that nothing in this subdivision shall be deemed to authorize

such officer to carry, possess, repair or dispose of a firearm unless

the appropriate license therefor has been issued pursuant to section

400.00 of the penal law.

38. A special investigator of the New York city department of

investigation who has received training in firearms handling in the New

York police academy and has received a firearms permit from the license

division of the New York city police department.

39. Broome county special patrolman, appointed by the Broome county

attorney; provided, however, that nothing in this subdivision shall be

deemed to authorize such officer to carry, possess, repair or dispose of

a firearm unless the appropriate license therefor has been issued

pursuant to section 400.00 of the penal law.

40. Special officers employed by the city of New York or by the New

York city health and hospitals corporation; provided, however, that

nothing in this subdivision shall be deemed to authorize such officer to

carry, possess, repair or dispose of a firearm unless the appropriate

license therefor has been issued pursuant to section 400.00 of the penal

law. The New York city health and hospitals corporation shall employ

peace officers appointed pursuant to this subdivision to perform the

patrol, investigation, and maintenance of the peace duties of special

officer, senior special officer and hospital security officer, provided

however that nothing in this subdivision shall prohibit managerial,

supervisory, or state licensed or certified professional employees of

the corporation from performing such duties where they are incidental to

their usual duties, or shall prohibit police officers employed by the

city of New York from performing these duties.

41. Fire police squads organized pursuant to section two hundred

nine-c of the general municipal law, at such times as the fire

department, fire company or an emergency rescue and first aid squad of

the fire department or fire company are on duty, or when, on orders of

the chief of the fire department or fire company of which they are

members, they are separately engaged in response to a call for

assistance pursuant to the provisions of section two hundred nine of the

general municipal law; provided, however, that nothing in this

subdivision shall be deemed to authorize such officer to carry, possess,

repair or dispose of a firearm unless the appropriate license therefor

has been issued pursuant to section 400.00 of the penal law.

42. Special deputy sheriffs appointed by the sheriff of a county

within which any part of the grounds of Cornell university or the

grounds of any state institution constituting a part of the educational

and research plants owned or under the supervision, administration or

control of said university are located pursuant to section fifty-seven

hundred nine of the education law; provided, however, that nothing in

this subdivision shall be deemed to authorize such officer to carry,

possess, repair or dispose of a firearm unless the appropriate license

therefor has been issued pursuant to section 400.00 of the penal law.

43. Housing patrolmen of the Mount Vernon housing authority, acting

pursuant to rules of the Mount Vernon housing authority; provided,

however, that nothing in this subdivision shall be deemed to authorize

such officer to carry, possess, repair or dispose of a firearm unless

the appropriate license therefor has been issued pursuant to section

400.00 of the penal law.

44. The officers, employees and members of the New York city division

of fire prevention, in the bureau of fire, as set forth and subject to

the limitations contained in subdivision one of section 487a-1.0 of the

administrative code of the city of New York; provided, however, that

nothing in this subdivision shall be deemed to authorize such officer to

carry, possess, repair or dispose of a firearm unless the appropriate

license therefor has been issued pursuant to section 400.00 of the penal

law.

45. Persons appointed and designated as peace officers by the Niagara

frontier transportation authority, pursuant to subdivision thirteen of

section twelve hundred ninety-nine-e of the public authorities law.

46. Persons appointed as peace officers by the Sea Gate Association

pursuant to the provisions of chapter three hundred ninety-one of the

laws of nineteen hundred forty, provided, however, that nothing in this

subdivision shall be deemed to authorize such officer to carry, possess,

repair or dispose of a firearm unless the appropriate license therefor

has been issued pursuant to section 400.00 of the penal law.

47. Employees of the department of financial services when designated

as peace officers by the superintendent of financial services and acting

pursuant to their special duties as set forth in article four of the

financial services law; provided, however, that nothing in this

subdivision shall be deemed to authorize such officer to carry, possess,

repair or dispose of a firearm unless the appropriate license therefor

has been issued pursuant to section 400.00 of the penal law.

48. New York state air base security guards when they are designated

as peace officers under military regulations promulgated by the chief of

staff to the governor and when performing their duties as air base

security guards pursuant to orders issued by appropriate military

authority; provided, however, that nothing in this subdivision shall be

deemed to authorize such guards to carry, possess, repair or dispose of

a firearm unless the appropriate license therefor has been issued

pursuant to section 400.00 of the penal law.

49. Members of the army national guard military police and air

national guard security personnel belonging to the organized militia of

the state of New York when they are designated as peace officers under

military regulations promulgated by the adjutant general and when

performing their duties as military police officers or air security

personnel pursuant to orders issued by appropriate military authority;

provided, however, that nothing in this subdivision shall be deemed to

authorize such military police or air security personnel to carry,

possess, repair or dispose of a firearm unless the appropriate license

therefor has been issued pursuant to section 400.00 of the penal law.

50. Transportation supervisors in the city of White Plains appointed

by the commissioner of public safety in the city of White Plains;

provided, however, that nothing in this subdivision shall be deemed to

authorize such officer to carry, possess, repair or dispose of a firearm

unless the appropriate license therefor has been issued pursuant to

section 400.00 of the penal law.

51. Officers and members of the fire investigation division of the

fire department of the city of Rochester, the city of Binghamton and the

city of Utica, when acting pursuant to their special duties in matters

arising under the laws relating to fires, the extinguishment thereof and

fire perils; provided, however, that nothing in this subdivision shall

be deemed to authorize such officer to carry, possess, repair or dispose

of a firearm unless the appropriate license therefor has been issued

pursuant to section 400.00 of the penal law.

52. Security hospital treatment assistants, as so designated by the

commissioner of the office of mental health while performing duties in

or arising out of the course of their employment; provided, however,

that nothing in this subdivision shall be deemed to authorize such

employee to carry, possess, repair or dispose of a firearm unless the

appropriate license therefor has been issued pursuant to section 400.00

of the penal law.

53. Authorized agents of the municipal directors of weights and

measures in the counties of Suffolk, Nassau and Westchester when acting

pursuant to their special duties as set forth in section one hundred

eighty-one of the agriculture and markets law; provided, however, that

nothing in this subdivision shall be deemed to authorize such officer to

carry, possess, repair or dispose of a firearm unless the appropriate

license therefor has been issued pursuant to section 400.00 of the penal

law.

54. Special police officers appointed pursuant to section one hundred

fifty-eight of the town law; provided, however, that nothing in this

subdivision shall be deemed to authorize such officer to carry, possess,

repair or dispose of a firearm unless the appropriate license therefor

has been issued pursuant to section 400.00 of the penal law.

* 55. Special patrolmen for sports facilities in the performance of

sporting events, pursuant to the provisions of section one hundred six-b

of the alcoholic beverage control law; provided, however, that nothing

in this section shall be deemed to authorize such officer to carry,

possess, repair, or dispose of a firearm unless such officer is required

pursuant to his status as a police officer within this state.

* NB Expired July 1, 1993

56. Dog control officers of the town of Brookhaven, who at the

discretion of the town board may be designated as constables for the

purpose of enforcing article twenty-six of the agriculture and markets

law and for the purpose of issuing appearance tickets permitted under

article seven of such law; provided, however, that nothing in this

subdivision shall be deemed to authorize such officer to carry, possess,

repair or dispose of a firearm unless the appropriate license therefor

has been issued pursuant to section 400.00 of the penal law.

57. Harbor Park rangers employed by the Snug Harbor cultural center in

Richmond county and appointed as New York city special patrolmen by the

police commissioner pursuant to subdivision c of section 14-106 of the

administrative code of the city of New York. Notwithstanding any

provision of law, rule or regulation, such officers shall be authorized

to issue appearance tickets pursuant to section 150.20 of this chapter,

and shall have such other powers as are specified in section 2.20 of

this article only when acting pursuant to their special duties. Nothing

in this subdivision shall be deemed to authorize such officers to carry,

possess, repair or dispose of a firearm unless the appropriate license

therefor has been issued pursuant to section 400.00 of the penal law and

the employer has authorized such officer to possess a firearm during any

phase of the officer's on-duty employment.

* 57-a. Seasonal park rangers of the Westchester county department of

public safety while employed as authorized by the commissioner of public

safety/sheriff of the county of Westchester; provided, however, that

nothing in this subdivision shall be deemed to authorize such officer to

carry, possess, repair or dispose of a firearm unless the appropriate

license therefor has been issued pursuant to section 400.00 of the penal

law.

* NB There are 2 sub 57-a's

* 57-a. Officers of the Westchester county public safety emergency

force, when activated by the commissioner of public safety/sheriff of

the county of Westchester; provided, however that nothing in this

subdivision shall be deemed to authorize such officer to carry, possess,

repair or dispose of a firearm unless the appropriate license therefor

has been issued pursuant to section 400.00 of the penal law.

* NB There are 2 sub 57-a's

58. Uniformed members of the security force of the Troy housing

authority provided, however, that nothing in this subdivision shall be

deemed to authorize such officer to carry, possess, repair or dispose of

a firearm unless the appropriate license therefor has been issued

pursuant to section 400.00 of the penal law.

59. Officers and members of the sanitation police of the department of

sanitation of the city of New York, duly appointed and designated as

peace officers by such department; provided, however, that nothing in

this subdivision shall be deemed to authorize such officer to carry,

possess, repair or dispose of a firearm unless the appropriate license

therefor has been issued pursuant to section 400.00 of the penal law.

Provided, further, that nothing in this subdivision shall be deemed to

apply to officers and members of the sanitation police regularly and

exclusively assigned to enforcement of such city's residential recycling

laws.

61. Chief fire marshall, assistant chief fire marshall, fire marshall

II and fire marshall I, all of whom are full-time employees of the

Suffolk county department of fire, rescue and emergency services, when

acting pursuant to their special duties in matters arising under the

laws relating to fires, the extinguishment thereof and fire perils;

provided, however, that nothing in this subdivision shall be deemed to

authorize such officer to carry, possess, repair or dispose of a firearm

unless the appropriate license therefor has been issued pursuant to

section 400.00 of the penal law.

* 62. Chief fire marshall, assistant chief fire marshall, fire

marshall II and fire marshall I, all of whom are full-time employees of

the town of Babylon, when acting pursuant to their special duties in

matters arising under the laws relating to fires, the extinguishment

thereof and fire perils; provided, however, that nothing in this

subdivision shall be deemed to authorize such officer to carry, possess,

repair or dispose of a firearm unless the appropriate license therefor

has been issued pursuant to section 400.00 of the penal law.

* NB There are 2 sub 62's

* 62. Employees of the division for youth assigned to transport and

warrants units who are specifically designated by the director in

accordance with section five hundred four-b of the executive law,

provided, however, that nothing in this subdivision shall be deemed to

authorize such employees to carry, possess, repair or dispose of a

firearm unless the appropriate license therefor has been issued pursuant

to section 400.00 of the penal law.

* NB There are 2 sub 62's

* 63. Uniformed members of the fire marshal's office in the town of

Southampton and the town of Riverhead, when acting pursuant to their

special duties in matters arising under the laws relating to fires, the

extinguishment thereof and fire perils; provided, however that nothing

in this subdivision shall be deemed to authorize such officer to carry,

possess, repair or dispose of a firearm unless the appropriate license

therefor has been issued pursuant to section 400.00 of the penal law.

* NB There are 2 sub 63's

* 63. Employees of the town court of the town of Greenburgh serving as

a security officer; provided, however, that nothing in this subdivision

will be deemed to authorize such officer to carry, possess, repair or

dispose of a firearm unless the appropriate license therefor has been

issued pursuant to section 400.00 of the penal law or to authorize such

officer to carry or possess a firearm except while on duty.

* NB There are 2 sub 63's

64. Cell block attendants employed by the city of Buffalo police

department; provided, however, that nothing in this subdivision shall be

deemed to authorize such officer to carry, possess, repair or dispose of

a firearm unless the appropriate license therefor has been issued

pursuant to section 400.00 of the penal law.

65. Chief fire marshall, assistant chief fire marshall, fire marshall

II and fire marshall I, all of whom are full-time employees of the town

of Brookhaven, when acting pursuant to their special duties in matters

arising under the laws relating to fires, the extinguishment thereof and

fire perils; provided, however, that nothing in this subdivision shall

be deemed to authorize such officer to carry, possess, repair or dispose

of a firearm unless the appropriate license thereof has been issued

pursuant to section 400.00 of the penal law.

66. Employees of the village court of the village of Spring Valley

serving as security officers at such village court; provided, however,

that nothing in this subdivision shall be deemed to authorize such

officer to carry, possess, repair or dispose of a firearm unless the

appropriate license therefor has been issued pursuant to section 400.00

of the penal law.

67. Employees of the town court of the town of Putnam Valley serving

as a security officer; provided, however, that nothing in this

subdivision will be deemed to authorize such officer to carry, possess,

repair or dispose of a firearm unless the appropriate license therefor

has been issued pursuant to section 400.00 of the penal law or to

authorize such officer to carry or possess a firearm except while on

duty.

* 68. The state inspector general and investigators designated by the

state inspector general; provided, however, that nothing in this

subdivision shall be deemed to authorize the state inspector general or

such investigators to carry, possess, repair or dispose of a firearm

unless the appropriate license therefor has been issued pursuant to

section 400.00 of the penal law.

* NB There are 5 sub 68's

* 68. Dog control officers of the town of Arcadia, who at the

discretion of the town board may be designated as constables for the

purpose of enforcing article twenty-six of the agriculture and markets

law and for the purpose of issuing appearance tickets permitted under

article seven of such law; provided, however, that nothing in this

subdivision shall be deemed to authorize such officer to carry, possess,

repair or dispose of a firearm unless the appropriate license therefor

has been issued pursuant to section 400.00 of the penal law.

* NB There are 5 sub 68's

* 68. Employees appointed by the sheriff of Livingston county, when

acting pursuant to their special duties serving as uniformed marine

patrol officers; provided, however, that nothing in this subdivision

shall be deemed to authorize such officer to carry, possess, repair or

dispose of a firearm unless the appropriate license has been issued

pursuant to section 400.00 of the penal law or to authorize such officer

to carry or possess a firearm except while on duty.

* NB There are 5 sub 68's

* 68. Employees of the town court of the town of Southampton serving

as uniformed court officers at such town court; provided, however, that

nothing in this subdivision shall be deemed to authorize such officer to

carry, possess, repair or dispose of a firearm unless the appropriate

license therefor has been issued pursuant to section 400.00 of the penal

law.

* NB There are 5 sub 68's

* 68. Persons employed by the Chautauqua county sheriff's office

serving as court security officers; provided, however, that nothing in

this subdivision shall be deemed to authorize such officer to carry,

possess, repair or dispose of a firearm unless the appropriate license

therefor has been issued pursuant to section 400.00 of the penal law.

* NB There are 5 sub 68's

69. Employees of the village court of the village of Amityville

serving as uniformed court officers at such village court; provided,

however, that nothing in this subdivision shall be deemed to authorize

such officer to carry, possess, repair or dispose of a firearm unless

the appropriate license therefor has been issued pursuant to section

400.00 of the penal law.

70. Employees appointed by the sheriff of Yates county, pursuant to

their special duties serving as uniformed marine patrol officers;

provided, however, that nothing in this subdivision shall be deemed to

authorize such officer to carry, possess, repair or dispose of a firearm

unless the appropriate license has been issued pursuant to section

400.00 of the penal law or to authorize such officer to carry or possess

a firearm except while on duty.

71. Town of Smithtown fire marshalls when acting pursuant to their

special duties in matters arising under the laws relating to fires, the

extinguishment thereof and fire perils; provided, however, that nothing

in this subdivision shall be deemed to authorize such officers to carry,

possess, repair or dispose of a firearm unless the appropriate license

therefor has been issued pursuant to section 400.00 of the penal law.

72. Persons employed by Canisius college as members of the security

force of such college; provided, however, that nothing in this

subdivision shall be deemed to authorize such officer to carry, possess,

repair or dispose of a firearm unless the appropriate license therefor

has been issued pursuant to section 400.00 of the penal law.

73. Employees of the town court of the town of Newburgh serving as

uniformed court officers at such town court; provided, however, that

nothing in this subdivision shall be deemed to authorize such officer to

carry, possess, repair or dispose of a firearm unless the appropriate

license therefor has been issued pursuant to section 400.00 of the penal

law.

* 74. a. Special deputy sheriffs appointed by the sheriff of Tompkins

county pursuant to paragraphs b and c of this subdivision; provided,

however, that nothing in this subdivision shall be deemed to authorize

such officer to carry, possess, repair or dispose of a firearm unless

the appropriate license therefor has been issued pursuant to section

400.00 of the penal law.

b. For the protection of the grounds, buildings and property of Ithaca

college the prevention of crime and the enforcement of law and order,

and for the enforcement of such rules and regulations as the board of

trustees of Ithaca college shall from time to time make, the sheriff of

Tompkins county may appoint and remove following consultation with

Ithaca college such number of special deputy sheriffs as is determined

by the sheriff to be necessary for the maintenance of public order at

Ithaca college, such appointments to be made from persons nominated by

the president of Ithaca college. Such special deputy sheriffs shall

comply with requirements as established by the sheriff and shall act

only within Tompkins county. Such special deputy sheriffs so appointed

shall be employees of the college and subject to its supervision and

control as outlined in the terms and conditions to be mutually agreed

upon between the sheriff and Ithaca college. Such special deputy

sheriffs shall have the powers of peace officers and shall act solely

within the said grounds or premises owned or administered by Ithaca

college, except in those rare and special situations when requested by

the sheriff to provide assistance on any public highway which crosses or

adjoins such property. Ithaca college will provide legal defense and

indemnification, and hold harmless the county of Tompkins, its officers

and employees and the Tompkins county sheriff, its officers and

employees, from all claims arising out of conduct by or injury to, such

personnel while carrying out their law enforcement functions except in

those situations when they are acting under the direct supervision and

control of the county or sheriff's department.

c. Every special deputy sheriff so appointed shall, before entering

upon the duties of his or her office, take and subscribe the oath of

office prescribed by article thirteen of the constitution of the state

of New York which oath shall be filed in the office of the county clerk

of Tompkins county. Every special deputy sheriff appointed under this

subdivision when on regular duty shall wear conspicuously a metallic

shield with a designating number and the words "Special Deputy Sheriff

Ithaca College" thereon.

* NB There are 4 sub 74's

* 74. Parks and recreation forest rangers employed by the office of

parks, recreation and historic preservation; provided, however, that

nothing in this subdivision shall be deemed to authorize such

individuals to carry, possess, repair or dispose of a firearm unless the

appropriate license therefor has been issued pursuant to section 400.00

of the penal law.

* NB There are 4 sub 74's

* 74. Employees of the village court of the village of Quogue, town of

Southampton serving as uniformed court officers at such village court;

provided, however, that nothing in this subdivision shall be deemed to

authorize such officer to carry, possess, repair or dispose of a firearm

unless the appropriate license therefor has been issued pursuant to

section 400.00 of the penal law.

* NB There are 4 sub 74's

* 74. Employees of the town court of the town of East Hampton serving

as uniformed court officers at such town court; provided, however, that

nothing in this subdivision shall be deemed to authorize such officer to

carry, possess, repair or dispose of a firearm unless the appropriate

license therefor has been issued pursuant to section 400.00 of the penal

law.

* NB There are 4 sub 74's

* 75. Dog control officers of the town of Clarence, who at the

discretion of the town board may be designated as constables for the

purpose of enforcing article twenty-six of the agriculture and markets

law and for the purpose of issuing appearance tickets permitted under

article seven of the agriculture and markets law; provided, however,

that nothing in this subdivision shall be deemed to authorize such

officers to carry, possess, repair or dispose of a firearm unless the

appropriate license therefor has been issued pursuant to section 400.00

of the penal law.

* NB There are 3 sub 75's

* 75. Airport security guards, senior airport security guards, airport

security supervisors, retired police officers, and supervisors of same,

who are designated by resolution of the town board of the town of Islip

to provide security at Long Island MacArthur Airport when acting

pursuant to their duties as such, and such authority being specifically

limited to the grounds of the said airport. However, nothing in this

subdivision shall be deemed to authorize such officer to carry, possess,

repair or dispose of a firearm unless the appropriate license therefor

has been issued pursuant to section 400.00 of the penal law.

* NB There are 3 sub 75's

* 75. Officers and members of the fire investigation unit of the fire

department of the city of Buffalo when acting pursuant to their special

duties in matters arising under the laws relating to fires, the

extinguishment thereof and fire perils; provided, however, that nothing

in this subdivision shall be deemed to authorize such officer to carry,

possess, repair or dispose of a firearm unless the appropriate license

therefor has been issued pursuant to section 400.00 of the penal law.

* NB There are 3 sub 75's

* 76. Employees of the village court of the village of Southampton,

town of Southampton serving as uniformed court officers at such village

court; provided, however, that nothing in this subdivision shall be

deemed to authorize such officer to carry, possess, repair or dispose of

a firearm unless the appropriate license therefor has been issued

pursuant to section 400.00 of the penal law.

* NB There are 2 sub 76's

* 76. Animal control officers employed by the city of Peekskill;

provided, however, that nothing in this subdivision shall be deemed to

authorize such individuals to carry, possess, repair or dispose of a

firearm unless the appropriate license therefor has been issued pursuant

to section 400.00 of the penal law.

* NB There are 2 sub 76's

* 77. (a) Syracuse University peace officers appointed by the chief

law enforcement officer of the city of Syracuse pursuant to paragraphs

(b), (c) and (d) of this subdivision, who shall be authorized to issue

appearance tickets and simplified traffic informations; provided,

however, that nothing in this subdivision shall be deemed to authorize

any such officer to carry, possess, repair or dispose of a firearm

unless the appropriate license therefor has been issued pursuant to

section 400.00 of the penal law.

(b) For the protection of the grounds, buildings and property of

Syracuse University, the prevention of crime and the enforcement of law

and order, and for the enforcement of such rules and regulations as

Syracuse University shall from time to time establish, the chief law

enforcement officer of the city of Syracuse may appoint and remove,

following consultations with Syracuse University; such number of

Syracuse University peace officers as is determined by the chief law

enforcement officer of the city of Syracuse to be necessary for the

maintenance of public order at such university, such appointments to be

made from persons nominated by the chancellor of Syracuse University.

Such peace officers shall comply with such requirements as shall be

established by the chief law enforcement officer of the city of

Syracuse. Such Syracuse University peace officers so appointed shall be

employees of such university, and subject to its supervision and control

and the terms and conditions to be mutually agreed upon between the

chief law enforcement officer of the city of Syracuse and Syracuse

University. Nothing in this paragraph shall limit the authority of

Syracuse University to remove such peace officers. Such Syracuse

University peace officers shall have the powers of peace officers within

the geographical area of employment of the grounds or premises owned,

controlled or administrated by Syracuse University within the county of

Onondaga, except in those situations when requested by the chief law

enforcement officer of the city of Syracuse or his or her designee,

including by means of written protocols agreed to by the chief law

enforcement officer of the city of Syracuse and Syracuse University, to

provide assistance on any public highway which crosses or adjoins such

grounds or premises. Syracuse University shall provide legal defense and

indemnification, and hold harmless the city of Syracuse, and its

officers and employees from all claims arising out of conduct by or

injury to, such peace officers while carrying out their law enforcement

functions, except in those situations when they are acting under the

direct supervision and control of the chief law enforcement officer of

the city of Syracuse, or his or her designee.

(c) Every Syracuse University peace officer so appointed shall, before

entering upon the duties of his or her office, take and subscribe the

oath of office prescribed by article thirteen of the state constitution,

which oath shall be filed in the office of the county clerk of the

county of Onondaga. Every such peace officer appointed pursuant to this

subdivision when on regular duty shall conspicuously wear a metallic

shield with a designating number and the words "Syracuse University

Peace Officer" engraved thereon.

(d) To become eligible for appointment as a Syracuse University peace

officer a candidate shall, in addition to the training requirements as

set forth in section 2.30 of this article, complete the course of

instruction in public and private law enforcement established pursuant

to paragraph (c) of subdivision five of section sixty-four hundred fifty

of the education law.

* NB There are 2 sub 77's

* 77. Chief fire marshal, assistant chief fire marshal, and fire

marshals, all of whom are full-time employees of the town of East

Hampton, when acting pursuant to their special duties in matters arising

under the laws relating to fires, the extinguishment thereof and fire

perils; provided, however, that nothing in this subdivision shall be

deemed to authorize such officer to carry, possess, repair or dispose of

a firearm unless the appropriate license therefor has been issued

pursuant to section 400.00 of the penal law.

* NB There are 2 sub 77's

78. A security officer employed by a community college who is

specifically designated as a peace officer by the board of trustees of a

community college pursuant to subdivision five-a of section sixty-three

hundred six of the education law, or by a community college regional

board of trustees pursuant to subdivision four-a of section sixty-three

hundred ten of the education law; provided, however, that nothing in

this subdivision shall be deemed to authorize such officer to carry,

possess, repair or dispose of a firearm unless the appropriate license

therefor has been issued pursuant to section 400.00 of the penal law.

* 79. Court security officers employed by the Wayne county sheriff's

office; provided however, that nothing in this subdivision shall be

deemed to authorize such officer to carry, possess, repair or dispose of

a firearm unless the appropriate license therefor has been issued

pursuant to section 400.00 of the penal law.

* NB There are 4 sub 79's

* 79. Supervisors and members of the arson investigation bureau and

fire inspection bureau of the office of fire prevention and control when

acting pursuant to their special duties in matters arising under the

laws relating to fires, their prevention, extinguishment, investigation

thereof, and fire perils; provided, however, that nothing in this

subdivision shall be deemed to authorize such employees to carry,

possess, repair, or dispose of a firearm unless the appropriate license

therefor has been issued pursuant to section 400.00 of the penal law.

* NB There are 4 sub 79's

* 79. Peace officers appointed by the city university of New York

pursuant to subdivision sixteen of section sixty-two hundred six of the

education law, who shall have the powers set forth in section 2.20 of

this article whether or not they are acting pursuant to their special

duties; provided, however, that nothing in this subdivision shall be

deemed to authorize such officer to carry, possess, repair or dispose of

a firearm unless the appropriate license therefor has been issued

pursuant to section 400.00 of the penal law.

* NB There are 4 sub 79's

* 79. Animal control officers of the city of Elmira, who at the

discretion of the city council of the city of Elmira may be designated

as constables for the purpose of enforcing article twenty-six of the

agriculture and markets law, and for the purpose of issuing appearance

tickets permitted under article seven of such law; provided, however,

that nothing in this subdivision shall be deemed to authorize such

officer to carry, possess, repair or dispose of a firearm unless the

appropriate license therefor has been issued pursuant to section 400.00

of the penal law.

* NB There are 4 sub 79's

80. Employees of the Onondaga county sheriff's department serving as

uniformed court security officers at Onondaga county court facilities;

provided, however, that nothing in this subdivision shall be deemed to

authorize such officers to carry, possess, repair or dispose of a

firearm unless the appropriate license therefor has been issued pursuant

to section 400.00 of the penal law.

* 81. Members of the security force employed by Erie County Medical

Center; provided however, that nothing in this subdivision shall be

deemed to authorize such officer to carry, possess, repair or dispose of

a firearm unless the appropriate license therefor has been issued

pursuant to section 400.00 of the penal law.

* NB There are 6 sb 81's

* 81. Employees of the town of Riverhead serving as court officers at

town of Riverhead court facilities; provided, however, that nothing in

this subdivision shall be deemed to authorize such officers to carry,

possess, repair or dispose of a firearm unless the appropriate license

therefor has been issued pursuant to section 400.00 of the penal law.

* NB There are 6 sb 81's

* 81. Employees of the town court of the town of Southold serving as

uniformed court officers at such town court; provided, however, that

nothing in this subdivision shall be deemed to authorize such officer to

carry, possess, repair or dispose of a firearm unless the appropriate

license therefor has been issued pursuant to section 400.00 of the penal

law.

* NB There are 6 sb 81's

* 81. Commissioners of and court officers in the department of public

safety for the town of Rye when acting pursuant to their special duties

in matters arising under the laws relating to maintaining the safety and

security of citizens, judges and court personnel in the town court, and

effecting the safe and secure transport of persons under the custody of

said department; provided, however, that nothing in this subdivision

shall be deemed to authorize such employees to carry, possess, repair,

or dispose of a firearm unless the appropriate license therefor has been

issued pursuant to section 400.00 of the penal law.

* NB There are 6 sb 81's

* 81. Employees of the town of Yorktown serving as court attendants at

town of Yorktown court facilities; provided, however, that nothing in

this subdivision shall be deemed to authorize such employees to carry,

possess, repair or dispose of a firearm unless the appropriate license

therefor has been issued pursuant to section 400.00 of the penal law.

* NB There are 6 sb 81's

* 81. Employees of the Lewis county sheriff's department serving as

uniformed court security officers at Lewis county court facilities;

provided, however, that nothing in this subdivision shall be deemed to

authorize such officers to carry, possess, repair or dispose of a

firearm unless the appropriate license therefor has been issued pursuant

to section 400.00 of the penal law.

* NB There are 6 sb 81's

82. Employees of the New York city business integrity commission

designated as peace officers by the chairperson of such commission;

provided, however, that nothing in this subdivision shall be deemed to

authorize such officer to carry, possess, repair or dispose of a firearm

unless the appropriate license therefor has been issued pursuant to

section 400.00 of the penal law.

83. Members of the security force employed by Kaleida Health within

and directly adjacent to the hospital buildings on the medical campus

located between East North Street, Goodell Street, Main Street and

Michigan Avenue. These officers shall only have the powers listed in

paragraph (c) of subdivision one of section 2.20 of this article, as

well as the power to detain an individual for a reasonable period of

time while awaiting the arrival of law enforcement, provided that the

officer has actual knowledge, or probable cause to believe, that such

individual has committed an offense; provided however, that nothing in

this subdivision shall be deemed to authorize such officer to carry,

possess, repair or dispose of a firearm unless the appropriate license

therefor has been issued pursuant to section 400.00 of the penal law.

84. (a) Public safety officers employed by the University of Rochester

who are designated as peace officers by the board of trustees of the

University of Rochester pursuant to paragraphs (b), (c), and (d) of this

subdivision; provided, however, that nothing in this subdivision shall

be deemed to authorize any such officer to carry, possess, repair or

dispose of a firearm unless the appropriate license therefor has been

issued pursuant to section 400.00 of the penal law.

(b) For the protection of the grounds, buildings and property of the

University of Rochester, the prevention of crime and the enforcement of

law and order, the board of trustees of the University of Rochester may

appoint and remove such number of public safety officers designated as

peace officers as is determined by the board of trustees to be necessary

for the maintenance of public order consistent with this subdivision.

Such peace officers shall comply with such requirements as shall be

mutually agreed upon between the chief law enforcement officers of the

applicable local law enforcement jurisdictions and the University of

Rochester. Such University of Rochester peace officers so appointed

shall be employees of the University of Rochester and subject to its

supervision and control. Such University of Rochester peace officers

shall have the powers of peace officers within the geographic area of

employment of the grounds or premises owned, controlled or administered

by the University of Rochester within the county of Monroe, on any

public street and sidewalk that abuts the grounds, buildings or property

of such university, and beyond such geographic area upon the request of

the chief law enforcement officer of the local law enforcement

jurisdiction or his or her designee, for the purpose of transporting an

individual who has been arrested in accordance with section 140.27 of

this chapter and when no local law enforcement officer is available for

transporting such individual in a timely manner.

(c) The University of Rochester shall provide legal defense and

indemnification to applicable municipality and its officers and

employees, and hold them harmless, against all claims arising out of

conduct by or injury to such peace officers while carrying out their

special duties, except in those situations when they are acting as

agents of the chief law enforcement officer of the applicable local law

enforcement jurisdiction or his or her designee.

(d) To become eligible for designation as a University of Rochester

peace officer, a candidate shall, in addition to the training

requirements as set forth in section 2.30 of this article, complete the

course of instruction in public and private law enforcement established

pursuant to subdivision three of section sixty-four hundred thirty-five

of the education law.

85. Uniformed members of the bureau of fire prevention of the town of

Islip, when acting pursuant to their special duties in matters arising

under laws relating to fires, the extinguishment thereof and fire

perils; provided, however, that nothing in this subdivision shall be

deemed to authorize such members to carry, possess, repair or dispose of

a firearm unless the appropriate license therefor has been issued

pursuant to section 400.00 of the penal law.

86. Investigators appointed by the cannabis control board, pursuant to

section ten of the cannabis law; provided, however, that nothing in this

subdivision shall be deemed to authorize such officer to carry, possess,

repair, or dispose of a firearm unless the appropriate license therefor

has been issued pursuant to section 400.00 of the penal law.

87. Officers and members of the security force employed by Rochester

Regional Health, within the grounds or premises owned or under the

supervision, administration, or control of Rochester Regional Health

located on the campuses and at the facilities of Rochester General

Hospital and Unity Hospital, shall have the powers of peace officers,

and beyond such geographic area upon the request of the chief law

enforcement officer of the local law enforcement jurisdiction or such

chief law enforcement officer's designee, for the purpose of

transporting an individual who has been arrested in accordance with

section 140.27 of this chapter and where no local law enforcement

officer is available for transporting such individual in a timely

manner. Such peace officers shall only have the powers listed in

paragraphs (a), (b), (c), (d), (e), and (h) of subdivision one of

section 2.20 of this article, and the power to detain an individual for

a reasonable period of time while awaiting the arrival of law

enforcement, provided that such peace officer has actual knowledge, or

probable cause to believe, that such individual has committed an

offense; provided however, that nothing in this subdivision shall be

deemed to authorize such officer to carry, possess, repair or dispose of

a firearm unless the appropriate license therefor has been issued

pursuant to section 400.00 of the penal law.

* 88. Employees of the town court of the town of Montgomery serving as

uniformed court officers at such town court; provided, however, that

nothing in this subdivision shall be deemed to authorize such officer to

carry, possess, repair or dispose of a firearm unless the appropriate

license therefor has been issued pursuant to section 400.00 of the penal

law.

* NB There are 6 sb 88's

* 88. Employees of the village court of the village of Ardsley serving

as security officers at such village court. Such officers shall only

have the powers listed in paragraphs (b), (h), and (i) of subdivision

one of section 2.20 of this article; provided, however that nothing in

this subdivision shall be deemed to authorize such security officers to

carry, possess, repair or dispose of a firearm unless the appropriate

license has been issued pursuant to section 400.00 of the penal law; and

provided further, that if such a security officer is not otherwise a

police officer pursuant to section 1.20 of this title or a peace officer

pursuant to this section, such security officer shall successfully

complete the training required under section 2.30 of this section.

* NB There are 6 sb 88's

* 88. Officers and members of the security force employed by Highland

Hospital, within the grounds or premises owned or under the supervision,

administration, or control of Highland Hospital located on the campuses

and at the facilities of Highland Hospital, shall have the powers of

peace officers, and beyond such geographic area upon the request of the

chief law enforcement officer of the local law enforcement jurisdiction

or such chief law enforcement officer's designee, for the purpose of

transporting an individual who has been arrested in accordance with

section 140.27 of this chapter and where no local law enforcement

officer is available for transporting such individual in a timely

manner. Such peace officers shall only have the powers listed in

paragraphs (a), (b), (c), (d), (e), and (h) of subdivision one of

section 2.20 of this article, and the power to detain an individual for

a reasonable period of time while awaiting the arrival of law

enforcement, provided that such peace officer has actual knowledge, or

probable cause to believe, that such individual has committed an

offense; provided however, that nothing in this subdivision shall be

deemed to authorize such officer to carry, possess, repair or dispose of

a firearm unless the appropriate license therefor has been issued

pursuant to section 400.00 of the penal law.

* NB There are 6 sb 88's

* 88. Dog control officers of the village of Holley, who at the

discretion of the village board may be designated as constables for the

purpose of enforcing article twenty-six of the agriculture and markets

law and for the purpose of issuing appearance tickets permitted under

article seven of such law; provided, however, that nothing in this

subdivision shall be deemed to authorize such officer to carry, possess,

repair or dispose of a firearm unless the appropriate license therefor

has been issued pursuant to section 400.00 of the penal law.

* NB There are 6 sb 88's

* 88. Security officers employed by St. Joseph's Health Hospital,

located at 301 Prospect Avenue in the city of Syracuse; North Medical

Center, located at Taft Road in the village of North Syracuse; and

Northeast Medical Center, located at Northeast Medical Center Drive,

Suite 301 in the village of Fayetteville, when acting pursuant to their

special duties on the grounds or premises owned, controlled or

administered by such hospital or any of its subsidiaries, shall have the

powers of peace officers within such geographic area and beyond such

area upon the request of the chief law enforcement officer of the local

law enforcement jurisdiction or such officer's designee for the purpose

of transporting an individual who has been arrested in accordance with

section 140.27 of this chapter when no local law enforcement officer is

available to transport such individual in a timely manner. Such peace

officers shall have the powers set forth in paragraphs (a), (b), (c),

(d), (e) and (h) of subdivision one of section 2.20 of this article and

the power to detain an individual for a reasonable period of time while

awaiting the arrival of law enforcement, provided that such peace

officer has actual knowledge, or probable cause to believe, that such

individual has committed an offense; provided, however, that nothing in

this subdivision shall be deemed to authorize such officer to carry,

possess, repair or dispose of a firearm unless the appropriate license

therefor has been issued pursuant to section 400.00 of the penal law.

* NB There are 6 sb 88's

* 88. Security officers employed by Albany Memorial Hospital, located

at 600 Northern Boulevard in the city of Albany; Samaritan Hospital,

located at 2215 Burdett Avenue in the city of Troy; and St. Peter's

Hospital, located at 315 South Manning Boulevard in the city of Albany,

when acting pursuant to their special duties on the grounds or premises

owned, controlled or administered by such hospital or any of its

subsidiaries, or on any public street or sidewalk that abuts the

property of such hospital, shall have the powers of peace officers

within such geographic area and beyond such area upon the request of the

chief law enforcement officer of the local law enforcement jurisdiction

or such officer's designee for the purpose of transporting an individual

who has been arrested in accordance with section 140.27 of this chapter

when no local law enforcement officer is available to transport such

individual in a timely manner. Such peace officers shall have the powers

set forth in paragraphs (a), (b), (c), (d), (e) and (h) of subdivision

one of section 2.20 of this article and the power to detain an

individual for a reasonable period of time while awaiting the arrival of

law enforcement, provided that such peace officer has actual knowledge,

or probable cause to believe, that such individual has committed an

offense; provided, however, that nothing in this subdivision shall be

deemed to authorize such officer to carry, possess, repair or dispose of

a firearm unless the appropriate license therefor has been issued

pursuant to section 400.00 of the penal law.

* NB There are 6 sb 88's

89. Employees of the village court of the village of Pleasantville

serving as security officers at such village court. These officers shall

only have the powers listed in paragraphs (b), (h), and (i) of

subdivision one of section 2.20 of this article; provided, however, that

nothing in this subdivision shall be deemed to authorize such officer to

carry, possess, repair or dispose of a firearm unless the appropriate

license therefor has been issued pursuant to section 400.00 of the penal

law; provided, however, that if such employee is not currently a police

or peace officer pursuant to section 1.20 of this title or 2.10 of this

article, such employee must successfully complete the training required

under section 2.30 of this article.

Federal law enforcement officers; powers.

The following federal law enforcement officers shall have the powers

set forth in paragraphs (a) (with the exception of the powers provided

by paragraph (b) of subdivision one and paragraph (b) of subdivision

three of section 140.25 of this chapter), (b), (c) and (h) of

subdivision one of section 2.20 of this article:

1. Federal Bureau of Investigation special agents.

2. United States Secret Service special agents.

3. Immigration and Customs Enforcement special agents, deportation

officers, and detention and deportation officers.

4. United States Marshals and Marshals Service deputies.

5. Drug Enforcement Administration special agents.

6. Federal Protective Officers, including law enforcement security

officers, criminal investigators and police officers of the Federal

Protective Service.

7. United States Customs and Border Protection Officers and United

States Customs and Border Protection Border Patrol agents.

8. United States Postal Service police officers and inspectors.

9. United States park police; provided, however that, notwithstanding

any provision of this section to the contrary, such park police shall

also have the powers set forth in paragraph (b) of subdivision one of

section 140.25 of this chapter and the powers set forth in paragraphs

(d), (e) and (g) of subdivision one of section 2.20 of this article.

10. United States probation officers.

11. United States General Services Administration special agents.

12. United States Department of Agriculture special agents.

13. Bureau of Alcohol, Tobacco and Firearms special agents.

14. Internal Revenue Service special agents and inspectors.

15. Officers of the United States bureau of prisons.

16. United States Fish and Wildlife special agents.

17. United States Naval Investigative Service special agents.

18. United States Department of State special agents.

19. Special agents of the defense criminal investigative service of

the United States department of defense.

20. United States Department of Commerce, Office of Export

Enforcement, special agents.

21. United States Department of Veterans Administration police

officers employed at the Veterans Administration Medical Center in

Batavia.

22. Federal Reserve law enforcement officers.

23. Federal air marshal program special agents.

* 24. United States department of transportation federal police

officers and police supervisors assigned to the United States Merchant

Marine Academy in Kings Point, New York; provided, however that,

notwithstanding any provision of this section to the contrary, such

police shall also have the powers set forth in paragraph (b) of

subdivision one of section 140.25 of this chapter and the powers set

forth in paragraphs (d), (e) and (g) of subdivision one of section 2.20

of this article when acting pursuant to their special duties within the

geographical area of their employment or within one hundred yards of

such geographical area.

* NB There are 2 sb 24's

* 24. United States Coast Guard Investigative Service special agents.

* NB There are 2 sb 24's

25. United States Department of Commerce, special agents and

enforcement officers of the National Oceanic and Atmospheric

Administration's Fisheries Office for Law Enforcement.

26. Department of the Army special agents, detectives and police

officers.

27. United States Department of Interior, park rangers with law

enforcement authority.

28. United States Environmental Protection Agency special agents with

law enforcement authority.

29. United States mint police.

Watershed protection and enforcement officers; powers, duties,

jurisdiction for arrests.

1. Watershed protection and enforcement officers appointed by the city

of Peekskill shall have the powers set forth in paragraphs (a), (b),

(c), (f), (g), and (h) of subdivision one of section 2.20 of this

article; provided, however, that nothing in this section shall be deemed

to authorize such officer to carry, possess, repair, or dispose of a

firearm unless the appropriate license therefor has been issued pursuant

to section 400.00 of the penal law. Watershed protection and enforcement

officers shall complete the training requirements set forth in section

2.30 of this article.

2. The city of Peekskill may appoint the following persons as

watershed protection and enforcement officers:

(a) the water superintendent;

(b) the deputy assistant to the water superintendent; and

(c) the watershed inspector or inspectors.

3. The duties of the watershed protection and enforcement officers

shall be to enforce those provisions of the environmental conservation

law and the penal law which relate to the contamination of water in

those areas of the Hollow Brook watershed located within the city of

Peekskill, including its reservoirs, shoreline, and tributaries, and

those areas of the Hollow Brook watershed and Wiccopee reservoir located

outside of the city of Peekskill in the counties of Putnam and

Westchester, including its reservoirs, shoreline, and tributaries.

4. Notwithstanding paragraph (b) of subdivision thirty-four-a of

section 1.20 of this title and paragraph (b) of subdivision five of

section 140.25 of this chapter, watershed protection and enforcement

officers are authorized to make arrests and issue appearance tickets in

those areas of the Hollow Brook watershed and Wiccopee reservoir located

outside of the city of Peekskill in the counties of Putnam and

Westchester, including along its reservoirs, shoreline, and tributaries.

Powers of peace officers.

1. The persons designated in section 2.10 of this article shall have

the following powers:

(a) The power to make warrantless arrests pursuant to section 140.25

of this chapter.

(b) The power to use physical force and deadly physical force in

making an arrest or preventing an escape pursuant to section 35.30 of

the penal law.

(c) The power to carry out warrantless searches whenever such searches

are constitutionally permissible and acting pursuant to their special

duties.

(d) The power to issue appearance tickets pursuant to subdivision

three of section 150.20 of this chapter, when acting pursuant to their

special duties. New York city special patrolmen shall have the power to

issue an appearance ticket only when it is pursuant to rules and

regulations of the police commissioner of the city of New York.

(e) The power to issue uniform appearance tickets pursuant to article

twenty-seven of the parks, recreation and historic preservation law and

to issue simplified traffic informations pursuant to section 100.25 of

this chapter and section two hundred seven of the vehicle and traffic

law whenever acting pursuant to their special duties.

(f) The power to issue a uniform navigation summons and/or complaint

pursuant to section nineteen of the navigation law whenever acting

pursuant to their special duties.

(g) The power to issue uniform appearance tickets pursuant to article

seventy-one of the environmental conservation law, whenever acting

pursuant to their special duties.

(h) The power to possess and take custody of firearms not owned by the

peace officer, for the purpose of disposing, guarding, or any other

lawful purpose, consistent with his duties as a peace officer.

(i) Any other power which a particular peace officer is otherwise

authorized to exercise by any general, special or local law or charter

whenever acting pursuant to his special duties, provided such power is

not inconsistent with the provisions of the penal law or this chapter.

(j) Uniformed court officers shall have the power to issue traffic

summonses and complaints for parking, standing, or stopping violations

pursuant to the vehicle and traffic law whenever acting pursuant to

their special duties.

2. For the purposes of this section a peace officer acts pursuant to

his special duties when he performs the duties of his office, pursuant

to the specialized nature of his particular employment, whereby he is

required or authorized to enforce any general, special or local law or

charter, rule, regulation, judgment or order.

3. A peace officer, whether or not acting pursuant to his special

duties, who lawfully exercises any of the powers conferred upon him

pursuant to this section, shall be deemed to be acting within the scope

of his public employment for purposes of defense and indemnification

rights and benefits that he may be otherwise entitled to under the

provisions of section fifty-k of the general municipal law, section

seventeen or eighteen of the public officers law, or any other

applicable section of law.

Training requirements for peace officers.

1. Every peace officer in the state of New York must successfully

complete a training program, a portion of which shall be prescribed by

the municipal police training council and a portion of which shall be

prescribed by his or her employer. The portion prescribed by the

municipal police training council shall be comprised of subjects, and

the hours each is to be taught, that shall be required of all types or

classes of peace officers. The hours of instruction required by the

municipal police training council shall not exceed one hundred eighty,

unless a greater amount is either required by law or regulation, or is

requested by the employer.

The segment prescribed by the employer for its employees shall be

comprised of subjects, and the hours each is to be taught, relating to

the special nature of the duties of the peace officers employed by it

provided, however, that when the subjects prescribed by the employer are

identical to the subjects in the training program required by the

municipal police training council, the employer shall not be required to

provide duplicate training for those subjects.

2. Each state or local agency, unit of local government, state or

local commission, or public authority, or public or private organization

which employs peace officers shall provide the training mandated by this

section, the cost of which will be borne by the employer. Each peace

officer satisfactorily completing the course prescribed by the municipal

police training council shall be awarded a certificate by the division

of criminal justice services attesting to that effect, and no person

appointed as a peace officer shall exercise the powers of a peace

officer, unless he or she has received such certification within twelve

months of appointment.

3. No employer shall allow any peace officer it employs to carry or

use a weapon during any phase of the officer's official duties, which

constitutes on-duty employment, unless the officer has satisfactorily

completed a course of training approved by the municipal police training

council in the use of deadly physical force and firearms and other

weapons, and annually receives instruction in deadly physical force and

the use of firearms and other weapons as approved by the municipal

police training council.

4. Upon the failure or refusal to comply with the requirements of this

section, the commissioner of the division of criminal justice services

shall apply to the supreme court for an order directed to the person

responsible requiring compliance. Upon such application, the court may

issue such order as may be just, and a failure to comply with the order

of the court shall be a contempt of court and punishable as such.

5. Every employer of peace officers shall report to the division of

criminal justice services, in such form and at such time as the division

may by regulation require, the names of all peace officers who have

satisfactorily completed any of the training requirements prescribed by

this section.

6. A certificate attesting to satisfactory completion of the training

requirements imposed under this section awarded to any peace officer by

the executive director of the municipal police training council pursuant

to this section shall remain valid:

(a) during the holder's continuous service as a peace officer; and

(b) for two years after the date of the commencement of an

interruption in such service where the holder had, immediately prior to

such interruption, served as a peace officer for less than two

consecutive years; or

(c) for four years after the date of the commencement of an

interruption in such service where the holder had, immediately prior to

such interruption, served as a peace officer for two consecutive years

or longer.

As used in this subdivision, the term "interruption" shall mean a

period of separation from employment as a peace officer by reason of

such officer's leave of absence, resignation or removal, other than

removal for cause.

The criminal courts; enumeration and definitions.

1. The "criminal courts" of this state are comprised of the superior

courts and the local criminal courts.

2. "Superior court" means:

(a) The supreme court; or

(b) A county court.

3. "Local criminal court" means:

(a) A district court; or

(b) The New York City criminal court; or

(c) A city court; or

(d) A town court; or

(e) A village court; or

(f) A supreme court justice sitting as a local criminal court; or

(g) A county judge sitting as a local criminal court.

4. "City court" means any court for a city, other than New York City,

having trial jurisdiction of offenses of less than felony grade only

committed within such city, whether such court is entitled a city court,

a municipal court, a police court, a recorder's court or is known by any

other name or title.

5. "Town court." A "town court" is comprised of all the town justices

of a town.

6. "Village court." A "village court" is comprised of the justice of a

village, or all the justices thereof if there be more than one, or, at a

time when he or they are absent, an associate justice of a village who

is authorized to perform the functions of a village justice during his

absence.

7. Notwithstanding any other provision of this section, a court

specified herein which possesses civil as well as criminal jurisdiction

does not act as a criminal court when acting solely in the exercise of

its civil jurisdiction, and an order or determination made by such a

court in its civil capacity is not an order or determination of a

criminal court even though it may terminate or otherwise control or

affect a criminal action or proceeding.

Superior courts; jurisdiction.

1. Superior courts have trial jurisdiction of all offenses. They have:

(a) Exclusive trial jurisdiction of felonies; and

(b) Trial jurisdiction of misdemeanors concurrent with that of the

local criminal courts; and

(c) Trial jurisdiction of petty offenses, but only when such an

offense is charged in an indictment which also charges a crime.

2. Superior courts have preliminary jurisdiction of all offenses, but

they exercise such jurisdiction only by reason of and through the agency

of their grand juries.

3. Superior court judges may, in their discretion, sit as local

criminal courts for the following purposes:

(a) conducting arraignments, as provided in subdivision two of section

170.15 and subdivision two of section 180.20 of this chapter;

(b) issuing warrants of arrests, as provided in subdivision one of

section 120.70 of this chapter; and

(c) issuing search warrants, as provided in article six hundred ninety

of this chapter.

Local criminal courts; jurisdiction.

1. Local criminal courts have trial jurisdiction of all offenses

other than felonies. They have:

(a) Exclusive trial jurisdiction of petty offenses except for the

superior court jurisdiction thereof prescribed in paragraph (c) of

subdivision one of section 10.20; and

(b) Trial jurisdiction of misdemeanors concurrent with that of the

superior courts but subject to divestiture thereof by the latter in any

particular case.

2. Local criminal courts have preliminary jurisdiction of all

offenses subject to divestiture thereof in any particular case by the

superior courts and their grand juries.

3. Notwithstanding the provisions of subdivision one, a superior

court judge sitting as a local criminal court does not have trial

jurisdiction of any offense, but has preliminary jurisdiction only, as

provided in subdivision two.

Chief administrator to prescribe forms and to authorize use of

electronic filing.

1. The chief administrator of the courts shall have the power to

adopt, amend and rescind forms for the efficient and just administration

of this chapter. Such forms shall include, without limitation, the forms

described in paragraph (z-1) of subdivision two of section two hundred

twelve of the judiciary law. A failure by any party to submit papers in

compliance with forms authorized by this section shall not be grounds

for that reason alone for denial or granting of any motion.

2. (a) Notwithstanding any other provision of law, the chief

administrator, with the approval of the administrative board of the

courts, may promulgate rules authorizing a program in the use of

electronic means ("e-filing") in the courts of New York having criminal

jurisdiction for: (i) the filing with a court of an accusatory

instrument for the purpose of commencement of a criminal action or

proceeding, and (ii) the filing and service of papers in pending actions

and proceedings. Provided, however, the chief administrator shall

consult with the county clerk of a county outside the city of New York

before the use of electronic means is to be authorized hereunder in the

supreme court or county court of such county, afford him or her the

opportunity to submit comments with respect thereto, consider any such

comments and obtain the agreement thereto of such county clerk.

(b) Participation in this program may be required or may be voluntary

as provided by the chief administrator, except that it shall be strictly

voluntary as to any party to an action or proceeding who is not

represented by counsel unless such party, upon his or her request,

chooses to participate.

(c) (i) Where participation in this program is to be voluntary: (A)

filing an accusatory instrument by electronic means with the court for

the purpose of commencement of an action or proceeding shall not require

the consent of any other party; nor shall a party's failure to consent

to participation in an action or proceeding bar any other party to such

action or proceeding from filing and serving papers by facsimile

transmission or electronic means upon the court or any other party to

such action or proceeding who has consented to participation;

(B) all parties shall be notified clearly, in plain language, about

their options to participate in filing by electronic means;

(C) no party to an action or proceeding shall be compelled, directly

or indirectly, to participate;

(D) where a party is not represented by counsel, the court shall

explain such party's options for electronic filing in plain language,

including the option for expedited processing, and shall inquire whether

he or she wishes to participate, provided however the unrepresented

litigant may participate in the program only upon his or her request,

which shall be documented in the case file, after said party has been

presented with sufficient information in plain language concerning the

program.

(ii) Where participation in this program is to be required:

(A) such requirement shall not be effective in a court in a county

unless, in addition to consulting with the county clerk of such county

and obtaining his or her agreement thereto if the court is a supreme

court or county court, the chief administrator shall:

(1) first consult with and obtain the agreement of the district

attorney and the criminal defense bar of such county, provide all

persons and organizations, or their representative or representatives,

who regularly appear in criminal actions or proceedings in the criminal

courts of such county with reasonable notice and opportunity to submit

comments with respect thereto and give due consideration to all such

comments, and consult with the members of the advisory committee

specified in subparagraph (v) of paragraph (u) of subdivision two of

section two hundred twelve of the judiciary law; and

(2) afford all those with whom he or she consults pursuant to item one

of this clause the opportunity to submit comments with respect to the

program, which comments, including but not limited to comments related

to unrepresented litigants, he or she shall consider and shall post for

public review on the office of court administration's website; and

(B) as provided in paragraph (d) of this subdivision, no party who is

not represented by counsel nor any counsel in an affected case who opts

out of participation in the program shall be required to participate

therein.

(d) Where the chief administrator requires participation in electronic

filing as provided in paragraph (b) of this subdivision, he or she shall

afford counsel the opportunity to opt out of the program, via

presentation of a prescribed form to be filed with the court where the

criminal action is pending. Said form shall permit an attorney to opt

out of participation in the program under any of the following

circumstances, in which event, he or she will not be compelled to

participate:

(i) Where the attorney certifies in good faith that he or she lacks

appropriate computer hardware and/or connection to the internet and/or

scanner or other device by which documents may be converted to an

electronic format; or

(ii) Where the attorney certifies in good faith that he or she lacks

the requisite knowledge in the operation of such computers and/or

scanners necessary to participate. For the purposes of this

subparagraph, the knowledge of any employee of an attorney, or any

employee of the attorney's law firm, office or business who is subject

to such attorney's direction, shall be imputed to the attorney.

Notwithstanding the foregoing provisions of this paragraph: (A) where

a party is not represented by counsel, the clerk shall explain such

party's options for electronic filing in plain language, including the

option for expedited processing, and shall inquire whether he or she

wishes to participate, provided however the unrepresented litigant may

participate in the program only upon his or her request, which shall be

documented in the case file, after said party has been presented with

sufficient information in plain language concerning the program; (B) a

party not represented by counsel who has chosen to participate in the

program shall be afforded the opportunity to opt out of the program for

any reason via presentation of a prescribed form to be filed with the

clerk of the court where the proceeding is pending; and (C) a court may

exempt any attorney from being required to participate in the program

upon application for such exemption, showing good cause therefor.

(e)(i) Nothing in this section shall affect or change any existing

laws governing the sealing and confidentiality of court records in

criminal proceedings or access to court records by the parties to such

proceedings, nor shall this section be construed to compel a party to

file a sealed document by electronic means.

(ii) Notwithstanding any other provision of this section, no paper or

document that is filed by electronic means in a criminal proceeding

shall be available for public inspection on-line. Subject to the

provisions of existing laws governing the sealing and confidentiality of

court records, nothing herein shall prevent the unified court system

from sharing statistical information that does not include any papers or

documents filed with the action; and, provided further, that this

paragraph shall not prohibit the chief administrator, in the exercise of

his or her discretion, from posting papers or documents that have not

been sealed pursuant to law on a public website maintained by the

unified court system where: (A) the website is not the website

established by the rules promulgated pursuant to paragraph (a) of this

subdivision, and (B) to do so would be in the public interest. For

purposes of this subparagraph, the chief administrator, in determining

whether posting papers or documents on a public website is in the public

interest, shall, at a minimum, take into account for each posting the

following factors: (A) the type of case involved; (B) whether such

posting would cause harm to any person, including especially a minor or

crime victim; (C) whether such posting would include lewd or scandalous

matters; and (D) the possibility that such papers or documents may

ultimately be sealed.

(iii) Nothing in this section shall affect or change existing laws

governing service of process, nor shall this section be construed to

abrogate existing personal service requirements as set forth in the

criminal procedure law.

3. For purposes of this section, the following terms shall have the

following meanings:

(a) "Consent of the criminal defense bar" shall mean that consent has

been obtained from all provider offices and/or organizations in the

county that represented twenty-five percent or more of the persons

represented by public defense providers pursuant to section seven

hundred twenty-two of the county law, as shown in the most recent annual

reports filed pursuant to subdivision one of section seven hundred

twenty-two-f of the county law. Such consent, when given, must be

expressed in a written document that is provided by a person who is

authorized to consent on behalf of the relevant public defender

organization, agency or office; and

(b) "Electronic means" shall be as defined in subdivision (f) of rule

twenty-one hundred three of the civil practice law and rules; and

(c) The "filing and service of papers in pending criminal actions and

proceedings" shall include the filing and service of a notice of appeal

pursuant to section 460.10 of this chapter.

Geographical jurisdiction of offenses; definitions of terms.

The following definitions are applicable to this article:

1. "This state" means New York State as its boundaries are prescribed

in the state law, and the space over it.

2. "County" means any of the sixty-two counties of this state as its

boundaries are prescribed by law, and the space over it.

3. "Result of an offense." When a specific consequence, such as the

death of the victim in a homicide case, is an element of an offense, the

occurrence of such consequence constitutes the "result" of such offense.

An offense of which a result is an element is a "result offense."

4. "Particular effect of an offense." When conduct constituting an

offense produces consequences which, though not necessarily amounting to

a result or element of such offense, have a materially harmful impact

upon the governmental processes or community welfare of a particular

jurisdiction, or result in the defrauding of persons in such

jurisdiction, such conduct and offense have a "particular effect" upon

such jurisdiction.

Geographical jurisdiction of offenses; jurisdiction of state.

Except as otherwise provided in this section and section 20.30, a

person may be convicted in the criminal courts of this state of an

offense defined by the laws of this state, committed either by his own

conduct or by the conduct of another for which he is legally accountable

pursuant to section 20.00 of the penal law, when:

1. Conduct occurred within this state sufficient to establish:

(a) An element of such offense; or

(b) An attempt to commit such offense; or

(c) A conspiracy or criminal solicitation to commit such offense, or

otherwise to establish the complicity of at least one of the persons

liable therefor; provided that the jurisdiction accorded by this

paragraph extends only to conviction of those persons whose

conspiratorial or other conduct of complicity occurred within this

state; or

2. Even though none of the conduct constituting such offense may have

occurred within this state:

(a) The offense committed was a result offense and the result

occurred within this state. If the offense was one of homicide, it is

presumed that the result, namely the death of the victim, occurred

within this state if the victim's body or a part thereof was found

herein; or

(b) The statute defining the offense is designed to prevent the

occurrence of a particular effect in this state and the conduct

constituting the offense committed was performed with intent that it

would have such effect herein; or

(c) The offense committed was an attempt to commit a crime within

this state; or

(d) The offense committed was conspiracy to commit a crime within

this state and an overt act in furtherance of such conspiracy occurred

within this state; or

3. The offense committed was one of omission to perform within this

state a duty imposed by the laws of this state. In such case, it is

immaterial whether such person was within or outside this state at the

time of the omission.

Geographical jurisdiction of offenses; effect of laws of other

jurisdictions upon this state's jurisdiction.

1. Notwithstanding the provisions of section 20.20, the courts of

this state do not have jurisdiction to convict a person of an alleged

offense partly committed within this state but consummated in another

jurisdiction, or an offense of criminal solicitation, conspiracy or

attempt in this state to commit a crime in another jurisdiction, or an

offense of criminal facilitation in this state of a felony committed in

another jurisdiction, unless the conduct constituting the consummated

offense or, as the case may be, the conduct constituting the crime

solicited, conspiratorially contemplated or facilitated, constitutes an

offense under the laws of such other jurisdiction as well as under the

laws of this state.

2. The courts of this state are not deprived of the jurisdiction

accorded them by section 20.20 to convict a person of an offense defined

by the laws of this state, partly committed in another jurisdiction but

consummated in this state, or an offense of attempt or conspiracy in

another jurisdiction to commit in this state a crime defined by the laws

of this state, by the circumstance that the conduct constituting the

consummated offense or, as the case may be, the crime attempted or

conspiratorially contemplated, does not constitute an offense under the

laws of such other jurisdiction.

Geographical jurisdiction of offenses; jurisdiction of counties.

A person may be convicted in an appropriate criminal court of a

particular county, of an offense of which the criminal courts of this

state have jurisdiction pursuant to section 20.20, committed either by

his or her own conduct or by the conduct of another for which he or she

is legally accountable pursuant to section 20.00 of the penal law, when:

1. Conduct occurred within such county sufficient to establish:

(a) An element of such offense; or

(b) An attempt or a conspiracy to commit such offense; or

2. Even though none of the conduct constituting such offense may have

occurred within such county:

(a) The offense committed was a result offense and the result occurred

in such county; or

(b) The offense committed was one of homicide and the victim's body or

a part thereof was found in such county; or

(c) Such conduct had, or was likely to have, a particular effect upon

such county or a political subdivision or part thereof, and was

performed with intent that it would, or with knowledge that it was

likely to, have such particular effect therein; or

(d) The offense committed was attempt, conspiracy or criminal

solicitation to commit a crime in such county; or

(e) The offense committed was criminal facilitation of a felony

committed in such county; or

3. The offense committed was one of omission to perform a duty imposed

by law, which duty either was required to be or could properly have been

performed in such county. In such case, it is immaterial whether such

person was within or outside such county at the time of the omission; or

4. Jurisdiction of such offense is accorded to the courts of such

county pursuant to any of the following rules:

(a) An offense of abandonment of a child or non-support of a child may

be prosecuted in (i) any county in which such child resided during the

period of abandonment or non-support, or (ii) any county in which such

person resided during such period, or (iii) any county in which such

person was present during such period, provided that he was arrested for

such offense in such county or the criminal action therefor was

commenced while he was present therein.

(b) An offense of bigamy may be prosecuted either in the county in

which such offense was committed or in (i) any county in which bigamous

cohabitation subsequently occurred, or (ii) any county in which such

person was present after the commission of the offense, provided that he

was arrested for such offense in such county or the criminal action

therefor was commenced while he was present therein.

(c) An offense committed within five hundred yards of the boundary of

a particular county, and in an adjoining county of this state, may be

prosecuted in either such county.

(d) An offense committed anywhere on the Hudson river southward of the

northern boundary of New York City, or anywhere on New York bay between

Staten Island and Long Island, may be prosecuted in any of the five

counties of New York City.

(e) An offense committed upon any bridge or in any tunnel having

terminals in different counties may be prosecuted in any terminal

county.

(f) An offense committed on board a railroad train, aircraft or

omnibus operating as a common carrier may be prosecuted in any county

through or over which such common carrier passed during the particular

trip, or in any county in which such trip terminated or was scheduled to

terminate.

(g) An offense committed in a private vehicle during a trip thereof

extending through more than one county may be prosecuted in any county

through which such vehicle passed in the course of such trip.

(h) An offense committed on board a vessel navigating or lying in any

river, canal or lake flowing through or situated within this state, may

be prosecuted in any county bordering upon such body of water, or in

which it is located, or through which it passes; and if such offense was

committed upon a vessel operating as a common carrier, it may be

prosecuted in any county bordering upon any body of water upon which

such vessel navigated or passed during the particular trip.

(i) An offense committed in the Atlantic Ocean within two nautical

miles from the shore at high water mark may be prosecuted in an

appropriate court of the county the shore line of which is closest to

the point where the offense was committed. A crime committed more than

two nautical miles from the shore but within the boundary of this state

may be prosecuted in the supreme court of the county the shore line of

which is closest to the point where the crime was committed.

(j) An offense of forgery may be prosecuted in any county in which the

defendant, or another for whose conduct the defendant is legally

accountable pursuant to section 20.00 of the penal law, possessed the

instrument.

(k) An offense of offering of a false instrument for filing, or of

larceny by means of a false pretense therein, may be prosecuted (i) in

any county in which such instrument was executed, in whole or in part,

or (ii) in any county in which any of the goods or services for which

payment or reimbursement is sought by means of such instrument were

purported to have been provided.

(l) An offense of identity theft or unlawful possession of personal

identifying information and all criminal acts committed as part of the

same criminal transaction as defined in subdivision two of section 40.10

of this chapter may be prosecuted (i) in any county in which part of the

offense took place regardless of whether the defendant was actually

present in such county, or (ii) in the county in which the person who

suffers financial loss resided at the time of the commission of the

offense, or (iii) in the county where the person whose personal

identifying information was used in the commission of the offense

resided at the time of the commission of the offense. The law

enforcement agency of any such county shall take a police report of the

matter and provide the complainant with a copy of such report at no

charge.

(m) An offense under the tax law or the penal law of filing a false or

fraudulent return, report, document, declaration, statement, or filing,

or of tax evasion, fraud, or larceny resulting from the filing of a

false or fraudulent return, report, document, declaration, or filing in

connection with the payment of taxes to the state or a political

subdivision of the state, may be prosecuted in any county in which an

underlying transaction reflected, reported or required to be reflected

or reported, in whole or part, on such return, report, document,

declaration, statement, or filing occurred.

(n) (i) An organized retail theft crime, where the defendant knows

that such crime is a part of a coordinated plan, scheme or venture of

organized retail theft crimes committed by two or more persons, may be

prosecuted in any county in which such defendant committed at least one

such organized retail theft crime; provided, however, that the county of

prosecution is contiguous to another county in which one or more of such

other organized retail theft crimes was committed. Multiple organized

retail theft crimes committed by the same defendant may be joined in one

indictment if authorized and appropriate in accordance with the

provisions of section 200.20 of this chapter, provided, however, that

notwithstanding section 200.40 of this chapter, no more than one

defendant may be charged in the same indictment or prosecuted as part of

the same trial under this paragraph. For purposes of this paragraph, the

five counties that comprise New York city shall be deemed contiguous

with each other.

(ii) For purposes of this paragraph, "organized retail theft crime"

shall mean the crime of larceny, including by trick, fraud,

embezzlement, stealing or false pretenses, of retail merchandise in

quantities that would not normally be purchased for personal use or

consumption, for the purposes of reselling, trading, or otherwise

reentering such retail merchandise in commerce.

Geographical jurisdiction of offenses; jurisdiction of cities,

towns and villages.

1. The principles prescribed in section 20.40, governing geographical

jurisdiction over offenses as between counties of this state, are, where

appropriate, applicable to the determination of geographical

jurisdiction over offenses as between cities, towns and villages within

a particular county unless a different determination is required by the

provisions of some other express provision of statute.

2. Where an offense prosecutable in a local criminal court is

committed in a city other than New York City, or in a town or village,

but within one hundred yards of any other such political subdivision, it

may be prosecuted in either such political subdivision.

Geographical jurisdiction of offenses; communications and

transportation of property between jurisdictions.

For purposes of this article:

1. An oral or written statement made by a person in one jurisdiction

to a person in another jurisdiction by means of telecommunication, mail

or any other method of communication is deemed to be made in each such

jurisdiction.

2. A person who causes property to be transported from one

jurisdiction to another by means of mail, common carrier or any other

method is deemed to have personally transported it in each jurisdiction,

and if delivery is made in the second jurisdiction he is deemed to have

personally made such delivery therein.

3. A person who causes by any means the use of a computer or computer

service in one jurisdiction from another jurisdiction is deemed to have

personally used the computer or computer service in each jurisdiction.

Timeliness of prosecutions; periods of limitation.

1. A criminal action must be commenced within the period of limitation

prescribed in the ensuing subdivisions of this section.

2. Except as otherwise provided in subdivision three:

(a) A prosecution for a class A felony, or rape in the first degree as

defined in section 130.35 of the penal law, or a crime defined or

formerly defined in section 130.50 of the penal law, or aggravated

sexual abuse in the first degree as defined in section 130.70 of the

penal law, or course of sexual conduct against a child in the first

degree as defined in section 130.75 of the penal law, or incest in the

first degree as defined in section 255.27 of the penal law may be

commenced at any time;

(a-1) A prosecution for rape in the second degree as defined in

subdivision two of section 130.30 of the penal law, or criminal sexual

act in the second degree as defined in subdivision two of section 130.45

of the penal law, or incest in the second degree as defined in section

255.26 of the penal law (where the crime committed is rape in the second

degree as defined in subdivision two of section 130.30 of the penal law

or criminal sexual act in the second degree as defined in subdivision

two of section 130.45) must be commenced within twenty years after the

commission thereof or within ten years from when the offense is first

reported to law enforcement, whichever occurs earlier;

(a-2) A prosecution for rape in the third degree as defined in

subdivision one or three of section 130.25 of the penal law, or criminal

sexual act in the third degree as defined in subdivision one or three of

section 130.40 of the penal law must be commenced within ten years after

the commission thereof;

(b) A prosecution for any other felony must be commenced within five

years after the commission thereof;

(c) A prosecution for a misdemeanor must be commenced within two years

after the commission thereof;

(d) A prosecution for a petty offense must be commenced within one

year after the commission thereof.

3. Notwithstanding the provisions of subdivision two, the periods of

limitation for the commencement of criminal actions are extended as

follows in the indicated circumstances:

(a) A prosecution for larceny committed by a person in violation of a

fiduciary duty may be commenced within one year after the facts

constituting such offense are discovered or, in the exercise of

reasonable diligence, should have been discovered by the aggrieved party

or by a person under a legal duty to represent him who is not himself

implicated in the commission of the offense.

(b) A prosecution for any offense involving misconduct in public

office by a public servant including, without limitation, an offense

defined in article four hundred ninety-six of the penal law, may be

commenced against a public servant, or any other person acting in

concert with such public servant at any time during such public

servant's service in such office or within five years after the

termination of such service; provided however, that in no event shall

the period of limitation be extended by more than five years beyond the

period otherwise applicable under subdivision two of this section.

(c) A prosecution for any crime set forth in title twenty-seven or

article seventy-one of the environmental conservation law may be

commenced within four years after the facts constituting such crime are

discovered or, in the exercise of reasonable diligence, should have been

discovered by a public servant who has the responsibility to enforce the

provisions of said title and article.

(d) A prosecution for any misdemeanor set forth in the tax law or

chapter forty-six of the administrative code of the city of New York

must be commenced within three years after the commission thereof.

(e) A prosecution for course of sexual conduct against a child in the

second degree as defined in section 130.80 of the penal law may be

commenced within five years of the commission of the most recent act of

sexual conduct.

(f) For purposes of a prosecution involving a sexual offense as

defined in article one hundred thirty of the penal law, other than a

sexual offense delineated in paragraph (a) of subdivision two of this

section, committed against a child less than eighteen years of age,

incest in the first, second or third degree as defined in sections

255.27, 255.26 and 255.25 of the penal law committed against a child

less than eighteen years of age, or use of a child in a sexual

performance as defined in section 263.05 of the penal law, the period of

limitation shall not begin to run until the child has reached the age of

twenty-three or the offense is reported to a law enforcement agency or

statewide central register of child abuse and maltreatment, whichever

occurs earlier.

(g) A prosecution for any felony defined in article four hundred

ninety of the penal law must be commenced within eight years after the

commission thereof provided, however, that in a prosecution for a felony

defined in article four hundred ninety of the penal law, if the

commission of such felony offense resulted in, or created a foreseeable

risk of, death or serious physical injury to another person, the

prosecution may be commenced at any time; provided, however, that

nothing in this paragraph shall be deemed to shorten or otherwise lessen

the period, defined in any other applicable law, in which a prosecution

for a felony designated in this paragraph may be commenced.

(h) A prosecution for any felony related to a deed theft or where

there is fraud in connection with a transaction involving real property

must be commenced within five years after the commission of the crime,

or within two years after the facts constituting such offense are

discovered by the aggrieved party, whichever occurs later.

4. In calculating the time limitation applicable to commencement of a

criminal action, the following periods shall not be included:

(a) Any period following the commission of the offense during which

(i) the defendant was continuously outside this state or (ii) the

whereabouts of the defendant were continuously unknown and continuously

unascertainable by the exercise of reasonable diligence. However, in no

event shall the period of limitation be extended by more than five years

beyond the period otherwise applicable under subdivision two.

(b) When a prosecution for an offense is lawfully commenced within the

prescribed period of limitation therefor, and when an accusatory

instrument upon which such prosecution is based is subsequently

dismissed by an authorized court under directions or circumstances

permitting the lodging of another charge for the same offense or an

offense based on the same conduct, the period extending from the

commencement of the thus defeated prosecution to the dismissal of the

accusatory instrument does not constitute a part of the period of

limitation applicable to commencement of prosecution by a new charge.

Speedy trial; in general.

1. After a criminal action is commenced, the defendant is entitled to

a speedy trial.

2. Insofar as is practicable, the trial of a criminal action must be

given preference over civil cases; and the trial of a criminal action

where the defendant has been committed to the custody of the sheriff

during the pendency of the criminal action must be given preference over

other criminal actions.

Speedy trial; time limitations.

1. Except as otherwise provided in subdivision three of this section,

a motion made pursuant to paragraph (e) of subdivision one of section

170.30 or paragraph (g) of subdivision one of section 210.20 of this

chapter must be granted where the people are not ready for trial within:

(a) six months of the commencement of a criminal action wherein a

defendant is accused of one or more offenses, at least one of which is a

felony;

(b) ninety days of the commencement of a criminal action wherein a

defendant is accused of one or more offenses, at least one of which is a

misdemeanor punishable by a sentence of imprisonment of more than three

months and none of which is a felony;

(c) sixty days of the commencement of a criminal action wherein the

defendant is accused of one or more offenses, at least one of which is a

misdemeanor punishable by a sentence of imprisonment of not more than

three months and none of which is a crime punishable by a sentence of

imprisonment of more than three months; or

(d) thirty days of the commencement of a criminal action wherein the

defendant is accused of one or more offenses, at least one of which is a

violation and none of which is a crime.

(e) for the purposes of this subdivision, the term offense shall

include vehicle and traffic law infractions.

2. Except as provided in subdivision three of this section, where a

defendant has been committed to the custody of the sheriff or the office

of children and family services in a criminal action he or she must be

released on bail or on his or her own recognizance, upon such conditions

as may be just and reasonable, if the people are not ready for trial in

that criminal action within:

(a) ninety days from the commencement of his or her commitment to the

custody of the sheriff or the office of children and family services in

a criminal action wherein the defendant is accused of one or more

offenses, at least one of which is a felony;

(b) thirty days from the commencement of his or her commitment to the

custody of the sheriff or the office of children and family services in

a criminal action wherein the defendant is accused of one or more

offenses, at least one of which is a misdemeanor punishable by a

sentence of imprisonment of more than three months and none of which is

a felony;

(c) fifteen days from the commencement of his or her commitment to the

custody of the sheriff or the office of children and family services in

a criminal action wherein the defendant is accused of one or more

offenses, at least one of which is a misdemeanor punishable by a

sentence of imprisonment of not more than three months and none of which

is a crime punishable by a sentence of imprisonment of more than three

months; or

(d) five days from the commencement of his or her commitment to the

custody of the sheriff or the office of children and family services in

a criminal action wherein the defendant is accused of one or more

offenses, at least one of which is a violation and none of which is a

crime.

(e) for the purposes of this subdivision, the term offense shall

include vehicle and traffic law infractions.

3. (a) Subdivisions one and two of this section do not apply to a

criminal action wherein the defendant is accused of an offense defined

in sections 125.10, 125.15, 125.20, 125.25, 125.26 and 125.27 of the

penal law.

(b) A motion made pursuant to subdivisions one or two of this section

upon expiration of the specified period may be denied where the people

are not ready for trial if the people were ready for trial prior to the

expiration of the specified period and their present unreadiness is due

to some exceptional fact or circumstance, including, but not limited to,

the sudden unavailability of evidence material to the people's case,

when the district attorney has exercised due diligence to obtain such

evidence and there are reasonable grounds to believe that such evidence

will become available in a reasonable period.

(c) A motion made pursuant to subdivision two of this section shall

not:

(i) apply to any defendant who is serving a term of imprisonment for

another offense;

(ii) require the release from custody of any defendant who is also

being held in custody pending trial of another criminal charge as to

which the applicable period has not yet elapsed;

(iii) prevent the redetention of or otherwise apply to any defendant

who, after being released from custody pursuant to this section or

otherwise, is charged with another crime or violates the conditions on

which he has been released, by failing to appear at a judicial

proceeding at which his presence is required or otherwise.

4. In computing the time within which the people must be ready for

trial pursuant to subdivisions one and two of this section, the

following periods must be excluded:

(a) a reasonable period of delay resulting from other proceedings

concerning the defendant, including but not limited to: proceedings for

the determination of competency and the period during which defendant is

incompetent to stand trial; demand to produce; request for a bill of

particulars; pre-trial motions; appeals; trial of other charges; and the

period during which such matters are under consideration by the court;

or

(b) the period of delay resulting from a continuance granted by the

court at the request of, or with the consent of, the defendant or his or

her counsel. The court may grant such a continuance only if it is

satisfied that postponement is in the interest of justice, taking into

account the public interest in the prompt dispositions of criminal

charges. A defendant without counsel must not be deemed to have

consented to a continuance unless he or she has been advised by the

court of his or her rights under these rules and the effect of his

consent, which must be done on the record in open court; or

(c) (i) the period of delay resulting from the absence or

unavailability of the defendant. A defendant must be considered absent

whenever his location is unknown and he is attempting to avoid

apprehension or prosecution, or his location cannot be determined by due

diligence. A defendant must be considered unavailable whenever his

location is known but his presence for trial cannot be obtained by due

diligence; or

(ii) where the defendant has either escaped from custody or has failed

to appear when required after having previously been released on bail or

on his own recognizance, and provided the defendant is not in custody on

another matter, the period extending from the day the court issues a

bench warrant pursuant to section 530.70 of this chapter because of the

defendant's failure to appear in court when required, to the day the

defendant subsequently appears in the court pursuant to a bench warrant

or voluntarily or otherwise; or

(d) a reasonable period of delay when the defendant is joined for

trial with a co-defendant as to whom the time for trial pursuant to this

section has not run and good cause is not shown for granting a

severance; or

(e) the period of delay resulting from detention of the defendant in

another jurisdiction provided the district attorney is aware of such

detention and has been diligent and has made reasonable efforts to

obtain the presence of the defendant for trial; or

(f) the period during which the defendant is without counsel through

no fault of the court; except when the defendant is proceeding as his

own attorney with the permission of the court; or

(g) other periods of delay occasioned by exceptional circumstances,

including but not limited to, the period of delay resulting from a

continuance granted at the request of a district attorney if (i) the

continuance is granted because of the unavailability of evidence

material to the people's case, when the district attorney has exercised

due diligence to obtain such evidence and there are reasonable grounds

to believe that such evidence will become available in a reasonable

period; or (ii) the continuance is granted to allow the district

attorney additional time to prepare the people's case and additional

time is justified by the exceptional circumstances of the case. Any such

exclusion when a statement of unreadiness has followed a statement of

readiness made by the people must be evaluated by the court after

inquiry on the record as to the reasons for the people's unreadiness and

shall only be approved upon a showing of sufficient supporting facts; or

(h) the period during which an action has been adjourned in

contemplation of dismissal pursuant to sections 170.55, 170.56 and

215.10 of this chapter; or

(i) the period prior to the defendant's actual appearance for

arraignment in a situation in which the defendant has been directed to

appear by the district attorney pursuant to subdivision three of section

120.20 or subdivision three of section 210.10 of this chapter; or

(j) the period during which a family offense is before a family court

until such time as an accusatory instrument or indictment is filed

against the defendant alleging a crime constituting a family offense, as

such term is defined in section 530.11 of this chapter.

5. (a) Whenever pursuant to this section a prosecutor states or

otherwise provides notice that the people are ready for trial, the court

shall make inquiry on the record as to their actual readiness. If, after

conducting its inquiry, the court determines that the people are not

ready to proceed to trial, the prosecutor's statement or notice of

readiness shall not be valid for purposes of this section. The court may

deem the people not ready for trial based on the people's failure to

comply with the provisions of article two hundred forty-five of this

chapter only if it finds that the people's certificate of compliance

that accompanied or preceded the people's statement of readiness at

issue was invalid under section 245.50 of this chapter.

(b) Pursuant to section 245.50 of this chapter, the certificate of

compliance is deemed invalid when the court determined that the people

did not exercise due diligence and, in making such determination, the

court looked at the totality of the prosecution's efforts to comply with

the provisions of article two hundred forty-five of this chapter, rather

than assess the prosecution's efforts item by item, and considered the

factors relevant to assessing due diligence, which include, but are not

limited to: the efforts made by the prosecutor to comply with the

requirements of article two hundred forty-five of this chapter; the

volume of discovery provided and the volume of discovery outstanding;

the complexity of the case; whether the prosecutor knew that the

belatedly disclosed or allegedly missing material existed; the

explanation for any alleged discovery lapse; the prosecutor's response

when apprised of any allegedly missing discovery; whether the belated

discovery was substantively duplicative, insignificant, or easily

remedied; whether the omission was corrected; whether the prosecution

self-reported the error and took prompt remedial action without court

intervention; and whether the prosecution's delayed disclosure of

discovery was prejudicial to the defense or otherwise impeded the

defense's ability to effectively investigate the case or prepare for

trial.

5-a. Upon a local criminal court accusatory instrument, a statement of

readiness shall not be valid unless the prosecuting attorney certifies

that all counts charged in the accusatory instrument meet the

requirements of sections 100.15 and 100.40 of this chapter and those

counts not meeting the requirements of sections 100.15 and 100.40 of

this chapter have been dismissed.

6. An order finally denying a motion to dismiss pursuant to

subdivision one of this section shall be reviewable upon an appeal from

an ensuing judgment of conviction notwithstanding the fact that such

judgment is entered upon a plea of guilty.

7. For purposes of this section, (a) where the defendant is to be

tried following the withdrawal of the plea of guilty or is to be retried

following a mistrial, an order for a new trial or an appeal or

collateral attack, the criminal action and the commitment to the custody

of the sheriff or the office of children and family services, if any,

must be deemed to have commenced on the date the withdrawal of the plea

of guilty or the date the order occasioning a retrial becomes final;

(b) where a defendant has been served with an appearance ticket, the

criminal action must be deemed to have commenced on the date the

defendant first appears in a local criminal court in response to the

ticket;

(c) where a criminal action is commenced by the filing of a felony

complaint, and thereafter, in the course of the same criminal action

either the felony complaint is replaced with or converted to an

information, prosecutor's information or misdemeanor complaint pursuant

to article one hundred eighty of this chapter or a prosecutor's

information is filed pursuant to section 190.70 of this chapter, the

period applicable for the purposes of subdivision one must be the period

applicable to the charges in the new accusatory instrument, calculated

from the date of the filing of such new accusatory instrument; provided,

however, that when the aggregate of such period and the period of time,

excluding the periods provided in subdivision four, already elapsed from

the date of the filing of the felony complaint to the date of the filing

of the new accusatory instrument exceeds six months, the period

applicable to the charges in the felony complaint must remain applicable

and continue as if the new accusatory instrument had not been filed;

(d) where a criminal action is commenced by the filing of a felony

complaint, and thereafter, in the course of the same criminal action

either the felony complaint is replaced with or converted to an

information, prosecutor's information or misdemeanor complaint pursuant

to article one hundred eighty of this chapter or a prosecutor's

information is filed pursuant to section 190.70 of this chapter, the

period applicable for the purposes of subdivision two of this section

must be the period applicable to the charges in the new accusatory

instrument, calculated from the date of the filing of such new

accusatory instrument; provided, however, that when the aggregate of

such period and the period of time, excluding the periods provided in

subdivision four of this section, already elapsed from the date of the

filing of the felony complaint to the date of the filing of the new

accusatory instrument exceeds ninety days, the period applicable to the

charges in the felony complaint must remain applicable and continue as

if the new accusatory instrument had not been filed.

(e) where a count of an indictment is reduced to charge only a

misdemeanor or petty offense and a reduced indictment or a prosecutor's

information is filed pursuant to subdivisions one-a and six of section

210.20 of this chapter, the period applicable for the purposes of

subdivision one of this section must be the period applicable to the

charges in the new accusatory instrument, calculated from the date of

the filing of such new accusatory instrument; provided, however, that

when the aggregate of such period and the period of time, excluding the

periods provided in subdivision four of this section, already elapsed

from the date of the filing of the indictment to the date of the filing

of the new accusatory instrument exceeds six months, the period

applicable to the charges in the indictment must remain applicable and

continue as if the new accusatory instrument had not been filed;

(f) where a count of an indictment is reduced to charge only a

misdemeanor or petty offense and a reduced indictment or a prosecutor's

information is filed pursuant to subdivisions one-a and six of section

210.20 of this chapter, the period applicable for the purposes of

subdivision two of this section must be the period applicable to the

charges in the new accusatory instrument, calculated from the date of

the filing of such new accusatory instrument; provided, however, that

when the aggregate of such period and the period of time, excluding the

periods provided in subdivision four of this section, already elapsed

from the date of the filing of the indictment to the date of the filing

of the new accusatory instrument exceeds ninety days, the period

applicable to the charges in the indictment must remain applicable and

continue as if the new accusatory instrument had not been filed.

8. The procedural rules prescribed in subdivisions one through seven

of section 210.45 of this chapter with respect to a motion to dismiss an

indictment are not applicable to a motion made pursuant to subdivision

two of this section. If, upon oral argument, a time period is in

dispute, the court must promptly conduct a hearing in which the people

must prove that the time period is excludable.

Previous prosecution; definitions of terms.

The following definitions are applicable to this article:

1. "Offense." An "offense" is committed whenever any conduct is

performed which violates a statutory provision defining an offense; and

when the same conduct or criminal transaction violates two or more such

statutory provisions each such violation constitutes a separate and

distinct offense. The same conduct or criminal transaction also

establishes separate and distinct offenses when, though violating only

one statutory provision, it results in death, injury, loss or other

consequences to two or more victims, and such result is an element of

the offense as defined. In such case, as many offenses are committed as

there are victims.

2. "Criminal transaction" means conduct which establishes at least

one offense, and which is comprised of two or more or a group of acts

either (a) so closely related and connected in point of time and

circumstance of commission as to constitute a single criminal incident,

or (b) so closely related in criminal purpose or objective as to

constitute elements or integral parts of a single criminal venture.

Previous prosecution; when a bar to second prosecution.

1. A person may not be twice prosecuted for the same offense.

2. A person may not be separately prosecuted for two offenses based

upon the same act or criminal transaction unless:

(a) The offenses as defined have substantially different elements and

the acts establishing one offense are in the main clearly

distinguishable from those establishing the other; or

(b) Each of the offenses as defined contains an element which is not

an element of the other, and the statutory provisions defining such

offenses are designed to prevent very different kinds of harm or evil;

or

(c) One of such offenses consists of criminal possession of contraband

matter and the other offense is one involving the use of such contraband

matter, other than a sale thereof; or

(d) One of the offenses is assault or some other offense resulting in

physical injury to a person, and the other offense is one of homicide

based upon the death of such person from the same physical injury, and

such death occurs after a prosecution for the assault or other

non-homicide offense; or

(e) Each offense involves death, injury, loss or other consequence to

a different victim; or

(f) One of the offenses consists of a violation of a statutory

provision of another jurisdiction, which offense has been prosecuted in

such other jurisdiction and has there been terminated by a court order

expressly founded upon insufficiency of evidence to establish some

element of such offense which is not an element of the other offense,

defined by the laws of this state; or

(g) The present prosecution is for a consummated result offense, as

defined in subdivision three of section 20.10, which occurred in this

state and the offense was the result of a conspiracy, facilitation or

solicitation prosecuted in another state.

(h) One of such offenses is enterprise corruption in violation of

section 460.20 of the penal law, racketeering in violation of federal

law or any comparable offense pursuant to the law of another state and a

separate or subsequent prosecution is not barred by section 40.50 of

this article.

(i) One of the offenses consists of a violation of 18 U.S.C. 371,

where the object of the conspiracy is to attempt in any manner to evade

or defeat any federal income tax or the payment thereof, or a violation

of 26 U.S.C. 7201, 26 U.S.C. 7202, 26 U.S.C. 7203, 26 U.S.C. 7204, 26

U.S.C. 7205, 26 U.S.C. 7206 or 26 U.S.C. 7212(A), where the purpose is

to evade or defeat any federal income tax or the payment thereof, and

the other offense is committed for the purpose of evading or defeating

any New York state or New York city income taxes and is defined in

article one hundred fifty-five of the penal law, article one hundred

seventy of the penal law, article one hundred seventy-five of the penal

law, article thirty-seven of the tax law or chapter forty of title

eleven of the administrative code of the city of New York.

Previous prosecution; what constitutes.

1. Except as otherwise provided in this section, a person "is

prosecuted" for an offense, within the meaning of section 40.20, when he

is charged therewith by an accusatory instrument filed in a court of

this state or of any jurisdiction within the United States, and when the

action either:

(a) Terminates in a conviction upon a plea of guilty; or

(b) Proceeds to the trial stage and a jury has been impaneled and

sworn or, in the case of a trial by the court without a jury, a witness

is sworn.

2. Despite the occurrence of proceedings specified in subdivision

one, a person is not deemed to have been prosecuted for an offense,

within the meaning of section 40.20, when:

(a) Such prosecution occurred in a court which lacked jurisdiction

over the defendant or the offense; or

(b) Such prosecution was for a lesser offense than could have been

charged under the facts of the case, and the prosecution was procured by

the defendant, without the knowledge of the appropriate prosecutor, for

the purpose of avoiding prosecution for a greater offense.

3. Despite the occurrence of proceedings specified in subdivision

one, if such proceedings are subsequently nullified by a court order

which restores the action to its pre-pleading status or which directs a

new trial of the same accusatory instrument, the nullified proceedings

do not bar further prosecution of such offense under the same accusatory

instrument.

4. Despite the occurrence of proceedings specified in subdivision

one, if such proceedings are subsequently nullified by a court order

which dismisses the accusatory instrument but authorizes the people to

obtain a new accusatory instrument charging the same offense or an

offense based upon the same conduct, the nullified proceedings do not

bar further prosecution of such offense under any new accusatory

instrument obtained pursuant to such court order or authorization.

Separate prosecution of jointly prosecutable offenses; when

barred.

1. Where two or more offenses are joinable in a single accusatory

instrument against a person by reason of being based upon the same

criminal transaction, pursuant to paragraph (a) of subdivision two of

section 200.20, such person may not, under circumstances prescribed in

this section, be separately prosecuted for such offenses even though

such separate prosecutions are not otherwise barred by any other section

of this article.

2. When (a) one of two or more joinable offenses of the kind

specified in subdivision one is charged in an accusatory instrument, and

(b) another is not charged therein, or in any other accusatory

instrument filed in the same court, despite possession by the people of

evidence legally sufficient to support a conviction of the defendant for

such uncharged offense, and (c) either a trial of the existing

accusatory instrument is commenced or the action thereon is disposed of

by a plea of guilty, any subsequent prosecution for the uncharged

offense is thereby barred.

3. When (a) two or more of such offenses are charged in separate

accusatory instruments filed in the same court, and (b) an application

by the defendant for consolidation thereof for trial purposes, pursuant

to subdivision five of section 200.20 or section 100.45, is improperly

denied, the commencement of a trial of one such accusatory instrument

bars any subsequent prosecution upon any of the other accusatory

instruments with respect to any such offense.

Previous prosecution; enterprise corruption.

1. The following definitions are applicable to this section:

(a) A criminal act or offense is "specifically included" when a count

of an accusatory instrument charging a person with enterprise corruption

alleges a pattern of criminal activity and the act or offense is alleged

to be a criminal act within such pattern.

(b) A criminal act is "a part of" a pattern of criminal activity

alleged in a count of enterprise corruption when it is committed prior

to commencement of the criminal action in which enterprise corruption is

charged and was committed in furtherance of the same common scheme or

plan or with intent to participate in or further the affairs of the same

criminal enterprise to which the crimes specifically included in the

pattern are connected.

(c) A person "is prosecuted" for an offense when he is prosecuted for

it within the meaning of section 40.30 of this article or when an

indictment or a count of an indictment charging that offense is

dismissed pursuant to section 210.20 of this chapter without

authorization to submit the charge to the same or another grand jury, or

the indictment or the count of the indictment charging that offense is

dismissed following the granting of a motion to suppress pursuant to

article 710 of this chapter, unless an appeal from the order granting

the motion to dismiss or suppress is pending.

(d) An offense was "not prosecutable" in an accusatory instrument in

which a person was charged with enterprise corruption when there was no

geographical jurisdiction of that offense in the county where the

accusatory instrument was filed, or when the offense was prosecutable in

the county and was not barred from prosecution by section 40.20 or 40.40

of this article or by any other provision of law but the prosecutor

filing the accusatory instrument was not empowered by law to prosecute

the offense.

2. A person who has been previously prosecuted for an offense may not

be subsequently prosecuted for enterprise corruption based upon a

pattern of criminal activity in which that prior offense, or another

offense based upon the same act or criminal transaction, is specifically

included unless:

(a) he was convicted of that prior offense; and

(b) the subsequent pattern of criminal activity in which he

participated includes at least one criminal act for which he was not

previously prosecuted, which was a felony, and which occurred after that

prior conviction.

3. A person who has been previously prosecuted for enterprise

corruption may not be subsequently prosecuted for an offense

specifically included in the pattern of criminal activity upon which it

was based, or another offense based upon the same act or criminal

transaction, unless the offense is a class A felony and was not

prosecutable in the accusatory instrument in which the person was

charged with enterprise corruption.

4. A person may not be separately prosecuted for enterprise corruption

and for an offense specifically included in the pattern of criminal

activity upon which it is based or another offense based upon the same

act or transaction, unless the offense is a class A felony and is not

prosecutable in the accusatory instrument in which the person is charged

with enterprise corruption.

5. A person who has been previously prosecuted for enterprise

corruption may not be subsequently prosecuted for an offense which,

while not specifically included in the pattern of criminal activity on

which the prior charge of enterprise corruption was based, was

nonetheless a part of that pattern, unless the offense was a class A or

B felony and either the offense was not prosecutable in the accusatory

instrument in which the person was charged with enterprise corruption or

the people show, by clear and convincing evidence, that the prosecutor

did not possess evidence legally sufficient to support a conviction of

that offense at the time of the earlier prosecution and evidence of that

offense was not presented as part of the case in chief in the earlier

prosecution.

6. A person who has been previously prosecuted for enterprise

corruption may not be subsequently prosecuted for enterprise corruption

based upon a pattern of criminal activity that specifically includes a

criminal act that was also specifically included in the pattern upon

which the prior charge of enterprise corruption was based.

7. A person may not be separately prosecuted for enterprise corruption

in two accusatory instruments based upon a pattern of criminal activity,

alleged in either instrument, that specifically includes a criminal act

that is also specifically included in the pattern upon which the other

charge of enterprise corruption is based.

8. When a person is charged in an accusatory instrument with both one

or more counts of enterprise corruption and with another offense or

offenses specifically included in or otherwise a part of the pattern or

patterns of criminal activity upon which the charge or charges of

enterprise corruption is or are based, and the court orders that any of

the counts be tried separately pursuant to subdivision one of section

200.40 of this chapter, this section shall not apply and subsequent

prosecution of the remaining counts or offenses shall not be barred.

9. A person who has been previously prosecuted for racketeering

pursuant to federal law, or any comparable offense pursuant to the law

of another state may not be subsequently prosecuted for enterprise

corruption based upon a pattern of criminal activity that specifically

includes a criminal act that was also specifically included in the

pattern of racketeering activity upon which the prior charge of

racketeering was based provided, however, that this section shall not be

construed to prohibit the subsequent prosecution of any other offense

specifically included in or otherwise a part of a pattern of

racketeering activity alleged in any such prior prosecution for

racketeering or other comparable offense.

Previous prosecution: presidential reprieve, pardon or other

form of clemency.

When a person has been granted a reprieve, pardon or other form of

clemency for an offense pursuant to the authority granted in section two

of article two of the United States constitution, a separate or

subsequent prosecution of an offense is not barred under this article

when the people demonstrate, by clear and convincing evidence, that:

1. (a) such person served in or was employed by the executive branch

of the government of the United States on the executive staff of the

president, in the executive office of the president, or in an acting or

confirmed capacity in a position subject to confirmation by the United

States senate, at a time when the president granting such reprieve,

pardon or other form of clemency served as president or vice-president

of the United States; or (b) such person was directly or indirectly

employed by, or acted as an agent of, the election, transition or

re-election campaign of the president granting such reprieve, pardon or

other form of clemency or any for-profit or not-for-profit entity owned

or controlled by the president granting such reprieve, pardon or other

form of clemency; or

2. such person was, at the time the president granted such reprieve,

pardon or other form of clemency, related by consanguinity or affinity

within the sixth degree to the president granting such reprieve, pardon

or other form of clemency; or

3. such person bears accessorial liability, as defined in section

20.00 of the penal law, or conspiratorial liability, within the meaning

of article one hundred five of the penal law, for such offense with one

or more persons described in subdivision one or two of this section; or

4. the president who granted such reprieve, pardon or other form of

clemency to such person (a) was thereby aided in avoiding potential

prosecution or conviction; (b) knowingly obtained a benefit from such

offense; or (c) knowingly obtained a tangible, material benefit from or

on behalf of such person; or

5. such person possessed or possesses information material to the

determination of any criminal or civil investigation, enforcement action

or prosecution of the president granting such reprieve, pardon or other

form of clemency, or of one or more persons described in subdivision

one, two or three of this section.

Compulsion of evidence by offer of immunity; definitions of

terms.

The following definitions are applicable to this article:

1. "Immunity." A person who has been a witness in a legal

proceeding, and who cannot, except as otherwise provided in this

subdivision, be convicted of any offense or subjected to any penalty or

forfeiture for or on account of any transaction, matter or thing

concerning which he gave evidence therein, possesses "immunity" from any

such conviction, penalty or forfeiture. A person who possesses such

immunity may nevertheless be convicted of perjury as a result of having

given false testimony in such legal proceeding, and may be convicted of

or adjudged in contempt as a result of having contumaciously refused to

give evidence therein.

2. "Legal proceeding" means a proceeding in or before any court or

grand jury, or before any body, agency or person authorized by law to

conduct the same and to administer the oath or to cause it to be

administered.

3. "Give evidence" means to testify or produce physical evidence.

Compulsion of evidence by offer of immunity.

1. Any witness in a legal proceeding, other than a grand jury

proceeding, may refuse to give evidence requested of him on the ground

that it may tend to incriminate him and he may not, except as provided

in subdivision two, be compelled to give such evidence.

2. Such a witness may be compelled to give evidence in such a

proceeding notwithstanding an assertion of his privilege against

self-incrimination if:

(a) The proceeding is one in which, by express provision of statute,

a person conducting or connected therewith is declared a competent

authority to confer immunity upon witnesses therein; and

(b) Such competent authority (i) orders such witness to give the

requested evidence notwithstanding his assertion of his privilege

against self-incrimination, and (ii) advises him that upon so doing he

will receive immunity.

3. A witness who is ordered to give evidence pursuant to subdivision

two and who complies with such order receives immunity. Such witness is

not deprived of such immunity because such competent authority did not

comply with statutory provisions requiring notice to a specified public

servant of intention to confer immunity.

4. A witness who, without asserting his privilege against

self-incrimination, gives evidence in a legal proceeding other than a

grand jury proceeding does not receive immunity.

5. The rules governing the circumstances in which witnesses may be

compelled to give evidence and in which they receive immunity therefor

in a grand jury proceeding are prescribed in section 190.40.

Authority to confer immunity in criminal proceedings; court a

competent authority.

In any criminal proceeding, other than a grand jury proceeding, the

court is a competent authority to confer immunity in accordance with the

provisions of section 50.20, but only when expressly requested by the

district attorney to do so.

Rules of evidence; in general.

Unless otherwise provided by statute or by judicially established

rules of evidence applicable to criminal cases, the rules of evidence

applicable to civil cases are, where appropriate, also applicable to

criminal proceedings.

Rules of evidence; what witnesses may be called.

1. Unless otherwise expressly provided, in any criminal proceeding

involving a defendant in which evidence is or may be received, both the

people and the defendant may as a matter of right call and examine

witnesses, and each party may cross-examine every witness called by the

other party.

2. A defendant may testify in his own behalf, but his failure to do

so is not a factor from which any inference unfavorable to him may be

drawn.

Rules of evidence; testimonial capacity; evidence given by

children.

1. Any person may be a witness in a criminal proceeding unless the

court finds that, by reason of infancy or mental disease or defect, he

does not possess sufficient intelligence or capacity to justify the

reception of his evidence.

2. Every witness more than nine years old may testify only under oath

unless the court is satisfied that such witness cannot, as a result of

mental disease or defect, understand the nature of an oath. A witness

less than nine years old may not testify under oath unless the court is

satisfied that he or she understands the nature of an oath. If under

either of the above provisions, a witness is deemed to be ineligible to

testify under oath, the witness may nevertheless be permitted to give

unsworn evidence if the court is satisfied that the witness possesses

sufficient intelligence and capacity to justify the reception thereof. A

witness understands the nature of an oath if he or she appreciates the

difference between truth and falsehood, the necessity for telling the

truth, and the fact that a witness who testifies falsely may be

punished.

3. A defendant may not be convicted of an offense solely upon unsworn

evidence given pursuant to subdivision two.

Rules of evidence; corroboration of accomplice testimony.

1. A defendant may not be convicted of any offense upon the testimony

of an accomplice unsupported by corroborative evidence tending to

connect the defendant with the commission of such offense.

2. An "accomplice" means a witness in a criminal action who,

according to evidence adduced in such action, may reasonably be

considered to have participated in:

(a) The offense charged; or

(b) An offense based upon the same or some of the same facts or

conduct which constitute the offense charged.

3. A witness who is an accomplice as defined in subdivision two is no

less such because a prosecution or conviction of himself would be barred

or precluded by some defense or exemption, such as infancy, immunity or

previous prosecution, amounting to a collateral impediment to such a

prosecution or conviction, not affecting the conclusion that such

witness engaged in the conduct constituting the offense with the mental

state required for the commission thereof.

Rules of evidence; identification by means of previous

recognition, in absence of present identification.

1. In any criminal proceeding in which the defendant's commission of

an offense is in issue, testimony as provided in subdivision two may be

given by a witness when:

(a) Such witness testifies that:

(i) He or she observed the person claimed by the people to be the

defendant either at the time and place of the commission of the offense

or upon some other occasion relevant to the case; and

(ii) On a subsequent occasion he or she observed, under circumstances

consistent with such rights as an accused person may derive under the

constitution of this state or of the United States, a person or, where

the observation is made pursuant to a blind or blinded procedure as

defined in paragraph (c) of this subdivision, a pictorial, photographic,

electronic, filmed or video recorded reproduction of a person whom he or

she recognized as the same person whom he or she had observed on the

first or incriminating occasion; and

(iii) He or she is unable at the proceeding to state, on the basis of

present recollection, whether or not the defendant is the person in

question; and

(b) It is established that the defendant is in fact the person whom

the witness observed and recognized or whose pictorial, photographic,

electronic, filmed or video recorded reproduction the witness observed

and recognized on the second occasion. Such fact may be established by

testimony of another person or persons to whom the witness promptly

declared his or her recognition on such occasion and by such pictorial,

photographic, electronic, filmed or video recorded reproduction.

(c) For purposes of this section, a "blind or blinded procedure" is

one in which the witness identifies a person in an array of pictorial,

photographic, electronic, filmed or video recorded reproductions under

circumstances where, at the time the identification is made, the public

servant administering such procedure: (i) does not know which person in

the array is the suspect, or (ii) does not know where the suspect is in

the array viewed by the witness. The failure of a public servant to

follow such a procedure shall be assessed solely for purposes of this

article and shall result in the preclusion of testimony regarding the

identification procedure as evidence in chief, but shall not constitute

a legal basis to suppress evidence made pursuant to subdivision six of

section 710.20 of this chapter. This article neither limits nor expands

subdivision six of section 710.20 of this chapter.

2. Under circumstances prescribed in subdivision one of this section,

such witness may testify at the criminal proceeding that the person whom

he or she observed and recognized or whose pictorial, photographic,

electronic, filmed or video recorded reproduction he or she observed and

recognized on the second occasion is the same person whom he or she

observed on the first or incriminating occasion. Such testimony,

together with the evidence that the defendant is in fact the person whom

the witness observed and recognized or whose pictorial, photographic,

electronic, filmed or video recorded reproduction he or she observed and

recognized on the second occasion, constitutes evidence in chief.

Rules of evidence; identification by means of previous

recognition, in addition to present identification.

In any criminal proceeding in which the defendant's commission of an

offense is in issue, a witness who testifies that (a) he or she observed

the person claimed by the people to be the defendant either at the time

and place of the commission of the offense or upon some other occasion

relevant to the case, and (b) on the basis of present recollection, the

defendant is the person in question and (c) on a subsequent occasion he

or she observed the defendant, or where the observation is made pursuant

to a blind or blinded procedure, as defined in paragraph (c) of

subdivision one of section 60.25 of this article, a pictorial,

photographic, electronic, filmed or video recorded reproduction of the

defendant, under circumstances consistent with such rights as an accused

person may derive under the constitution of this state or of the United

States, and then also recognized him or her or the pictorial,

photographic, electronic, filmed or video recorded reproduction of him

or her as the same person whom he or she had observed on the first or

incriminating occasion, may, in addition to making an identification of

the defendant at the criminal proceeding on the basis of present

recollection as the person whom he or she observed on the first or

incriminating occasion, also describe his or her previous recognition of

the defendant and testify that the person whom he or she observed or

whose pictorial, photographic, electronic, filmed or video recorded

reproduction he or she observed on such second occasion is the same

person whom he or she had observed on the first or incriminating

occasion. Such testimony and such pictorial, photographic, electronic,

filmed or video recorded reproduction constitutes evidence in chief.

Rules of evidence; impeachment of own witness by proof of prior

contradictory statement.

1. When, upon examination by the party who called him, a witness in a

criminal proceeding gives testimony upon a material issue of the case

which tends to disprove the position of such party, such party may

introduce evidence that such witness has previously made either a

written statement signed by him or an oral statement under oath

contradictory to such testimony.

2. Evidence concerning a prior contradictory statement introduced

pursuant to subdivision one may be received only for the purpose of

impeaching the credibility of the witness with respect to his testimony

upon the subject, and does not constitute evidence in chief. Upon

receiving such evidence at a jury trial, the court must so instruct the

jury.

3. When a witness has made a prior signed or sworn statement

contradictory to his testimony in a criminal proceeding upon a material

issue of the case, but his testimony does not tend to disprove the

position of the party who called him and elicited such testimony,

evidence that the witness made such prior statement is not admissible,

and such party may not use such prior statement for the purpose of

refreshing the recollection of the witness in a manner that discloses

its contents to the trier of the facts.

Rules of evidence; proof of previous conviction; when allowed.

1. If in the course of a criminal proceeding, any witness, including

a defendant, is properly asked whether he was previously convicted of a

specified offense and answers in the negative or in an equivocal manner,

the party adverse to the one who called him may independently prove such

conviction. If in response to proper inquiry whether he has ever been

convicted of any offense the witness answers in the negative or in an

equivocal manner, the adverse party may independently prove any previous

conviction of the witness.

2. If a defendant in a criminal proceeding, through the testimony of

a witness called by him, offers evidence of his good character, the

people may independently prove any previous conviction of the defendant

for an offense the commission of which would tend to negate any

character trait or quality attributed to the defendant in such witness'

testimony.

3. Subject to the limitations prescribed in section 200.60, the

people may prove that a defendant has been previously convicted of an

offense when the fact of such previous conviction constitutes an element

of the offense charged, or proof thereof is otherwise essential to the

establishment of a legally sufficient case.

Rules of evidence; admissibility of evidence of victim's sexual

conduct in sex offense cases.

Evidence of a victim's sexual conduct shall not be admissible in a

prosecution for an offense or an attempt to commit an offense defined in

article one hundred thirty or in section 230.34 of the penal law unless

such evidence:

1. proves or tends to prove specific instances of the victim's prior

sexual conduct with the accused; or

2. proves or tends to prove that the victim has been convicted of an

offense under section 230.00 of the penal law within three years prior

to the sex offense which is the subject of the prosecution; or

3. rebuts evidence introduced by the people of the victim's failure to

engage in vaginal sexual contact, oral sexual contact, anal sexual

contact or sexual contact during a given period of time; or

4. rebuts evidence introduced by the people which proves or tends to

prove that the accused is the cause of pregnancy or disease of the

victim, or the source of semen found in the victim; or

5. is determined by the court after an offer of proof by the accused

outside the hearing of the jury, or such hearing as the court may

require, and a statement by the court of its findings of fact essential

to its determination, to be relevant and admissible in the interests of

justice.

Rules of evidence; admissibility of evidence of victim's sexual

conduct in non-sex offense cases.

Evidence of the victim's sexual conduct, including the past sexual

conduct of a deceased victim, may not be admitted in a prosecution for

any offense, attempt to commit an offense or conspiracy to commit an

offense defined in the penal law unless such evidence is determined by

the court to be relevant and admissible in the interests of justice,

after an offer of proof by the proponent of such evidence outside the

hearing of the jury, or such hearing as the court may require, and a

statement by the court of its findings of fact essential to its

determination.

Use of anatomically correct dolls.

Any person who is less than sixteen years old may in the discretion of

the court and where helpful and appropriate, use an anatomically correct

doll in testifying in a criminal proceeding based upon conduct

prohibited by article one hundred thirty, article two hundred sixty or

section 255.25, 255.26 or 255.27 of the penal law.

Rules of evidence; admissibility of statements of defendants.

1. Evidence of a written or oral confession, admission, or other

statement made by a defendant with respect to his participation or lack

of participation in the offense charged, may not be received in evidence

against him in a criminal proceeding if such statement was involuntarily

made.

2. A confession, admission or other statement is "involuntarily made"

by a defendant when it is obtained from him:

(a) By any person by the use or threatened use of physical force upon

the defendant or another person, or by means of any other improper

conduct or undue pressure which impaired the defendant's physical or

mental condition to the extent of undermining his ability to make a

choice whether or not to make a statement; or

(b) By a public servant engaged in law enforcement activity or by a

person then acting under his direction or in cooperation with him:

(i) by means of any promise or statement of fact, which promise or

statement creates a substantial risk that the defendant might falsely

incriminate himself; or

(ii) in violation of such rights as the defendant may derive from the

constitution of this state or of the United States.

3. (a) Where a person is subject to custodial interrogation by a

public servant at a detention facility, the entire custodial

interrogation, including the giving of any required advice of the rights

of the individual being questioned, and the waiver of any rights by the

individual, shall be recorded by an appropriate video recording device

if the interrogation involves a class A-1 felony, except one defined in

article two hundred twenty of the penal law; felony offenses defined in

section 130.95 and 130.96 of the penal law; or a felony offense defined

in article one hundred twenty-five or one hundred thirty of such law

that is defined as a class B violent felony offense in section 70.02 of

the penal law. For purposes of this paragraph, the term "detention

facility" shall mean a police station, correctional facility, holding

facility for prisoners, prosecutor's office or other facility where

persons are held in detention in connection with criminal charges that

have been or may be filed against them.

(b) No confession, admission or other statement shall be subject to a

motion to suppress pursuant to subdivision three of section 710.20 of

this chapter based solely upon the failure to video record such

interrogation in a detention facility as defined in paragraph (a) of

this subdivision. However, where the people offer into evidence a

confession, admission or other statement made by a person in custody

with respect to his or her participation or lack of participation in an

offense specified in paragraph (a) of this subdivision, that has not

been video recorded, the court shall consider the failure to record as a

factor, but not as the sole factor, in accordance with paragraph (c) of

this subdivision in determining whether such confession, admission or

other statement shall be admissible.

(c) Notwithstanding the requirement of paragraph (a) of this

subdivision, upon a showing of good cause by the prosecutor, the

custodial interrogation need not be recorded. Good cause shall include,

but not be limited to:

(i) If electronic recording equipment malfunctions.

(ii) If electronic recording equipment is not available because it was

otherwise being used.

(iii) If statements are made in response to questions that are

routinely asked during arrest processing.

(iv) If the statement is spontaneously made by the suspect and not in

response to police questioning.

(v) If the statement is made during an interrogation that is conducted

when the interviewer is unaware that a qualifying offense has occurred.

(vi) If the statement is made at a location other than the "interview

room" because the suspect cannot be brought to such room, e.g., the

suspect is in a hospital or the suspect is out of state and that state

is not governed by a law requiring the recordation of an interrogation.

(vii) If the statement is made after a suspect has refused to

participate in the interrogation if it is recorded, and appropriate

effort to document such refusal is made.

(viii) If such statement is not recorded as a result of an inadvertent

error or oversight, not the result of any intentional conduct by law

enforcement personnel.

(ix) If it is law enforcement's reasonable belief that such recording

would jeopardize the safety of any person or reveal the identity of a

confidential informant.

(x) If such statement is made at a location not equipped with a video

recording device and the reason for using that location is not to

subvert the intent of the law. For purposes of this section, the term

"location" shall include those locations specified in paragraph (b) of

subdivision four of section 305.2 of the family court act.

(d) In the event the court finds that the people have not shown good

cause for the non-recording of the confession, admission, or other

statement, but determines that a non-recorded confession, admission or

other statement is nevertheless admissible because it was voluntarily

made then, upon request of the defendant, the court must instruct the

jury that the people's failure to record the defendant's confession,

admission or other statement as required by this section may be weighed

as a factor, but not as the sole factor, in determining whether such

confession, admission or other statement was voluntarily made, or was

made at all.

(e) Video recording as required by this section shall be conducted in

accordance with standards established by rule of the division of

criminal justice services.

Rules of evidence, family offense proceedings in family court.

Evidence of a written or oral admission or any testimony given by

either party, or evidence derived therefrom, in a proceeding under

article eight of the family court act without the benefit of counsel in

such proceeding may not be received into evidence in a criminal

proceeding except for the purposes of impeachment unless such party

waives the right to counsel on the record. Nothing herein shall be

deemed to prohibit any testimony or exhibits received into evidence in a

criminal proceeding, or any orders, decisions or judgments arising from

such proceeding from being received into evidence in any proceeding

under article eight of the family court act.

Possession of condoms; receipt into evidence.

Evidence that a person was in possession of one or more condoms may

not be admitted at any trial, hearing, or other proceeding in a

prosecution for section 230.00 of the penal law for the purpose of

establishing probable cause for an arrest or proving any person's

commission or attempted commission of such offense.

Rules of evidence; admissibility of evidence of victim's manner

of dress in sex offense cases.

Evidence of the manner in which the victim was dressed at the time of

the commission of an offense may not be admitted in a prosecution for

any offense, or an attempt to commit an offense, defined in article one

hundred thirty of the penal law, unless such evidence is determined by

the court to be relevant and admissible in the interests of justice,

after an offer of proof by the proponent of such evidence outside the

hearing of the jury, or such hearing as the court may require, and a

statement by the court of its findings of fact essential to its

determination.

Possession of opioid antagonists; receipt into evidence.

1. Evidence that a person was in possession of an opioid antagonist

may not be admitted at any trial, hearing or other proceeding in a

prosecution for any offense under sections 220.03, 220.06, 220.09,

220.16, 220.18, or 220.21 of the penal law for the purpose of

establishing probable cause for an arrest or proving any person's

commission of such offense.

2. For the purposes of this section, opioid antagonist is defined as a

drug approved by the Food and Drug Administration that, when

administered, negates or neutralizes in whole or in part the

pharmacological effects of an opioid in the body and shall be limited to

naloxone and other medications approved by the department of health for

such purpose.

Rules of evidence; statements of defendants; corroboration.

A person may not be convicted of any offense solely upon evidence of a

confession or admission made by him without additional proof that the

offense charged has been committed.

Rules of evidence; psychiatric testimony in certain cases.

1. When, in connection with the affirmative defense of lack of

criminal responsibility by reason of mental disease or defect, a

psychiatrist or licensed psychologist testifies at a trial concerning

the defendant's mental condition at the time of the conduct charged to

constitute a crime, he must be permitted to make a statement as to the

nature of any examination of the defendant, the diagnosis of the mental

condition of the defendant and his opinion as to the extent, if any, to

which the capacity of the defendant to know or appreciate the nature and

consequence of such conduct, or its wrongfulness, was impaired as a

result of mental disease or defect at that time.

The psychiatrist or licensed psychologist must be permitted to make

any explanation reasonably serving to clarify his diagnosis and opinion,

and may be cross-examined as to any matter bearing on his competency or

credibility or the validity of his diagnosis or opinion.

2. Any statement made by the defendant to a psychiatrist or licensed

psychologist during his examination of the defendant shall be

inadmissible in evidence on any issue other than that of the affirmative

defense of lack of criminal responsibility, by reason of mental disease

or defect. The statement shall, however, be admissible upon the issue of

the affirmative defense of lack of criminal responsibility by reason of

mental disease or defect, whether or not it would otherwise be deemed a

privileged communication. Upon receiving the statement in evidence, the

court must instruct the jury that the statement is to be considered only

on the issue of such affirmative defense and may not be considered by it

in its determination of whether the defendant committed the act

constituting the crime charged.

Rules of evidence; certificates concerning judgments of

conviction and fingerprints.

1. A certificate issued by a criminal court, or the clerk thereof,

certifying that a judgment of conviction against a designated defendant

has been entered in such court, constitutes presumptive evidence of the

facts stated in such certificate.

2. A report of a public servant charged with the custody of official

fingerprint records which contains a certification that the fingerprints

of a designated person who has previously been convicted of an offense

are identical with those of a defendant in a criminal action,

constitutes presumptive evidence of the fact that such defendant has

previously been convicted of such offense.

Rules of evidence; dangerous drugs destroyed pursuant to court

order.

The destruction of dangerous drugs pursuant to the provisions of

article seven hundred fifteen hereof shall not preclude the admission on

trial or in a proceeding in connection therewith of testimony or

evidence where such testimony or evidence would otherwise have been

admissible if such drugs had not been destroyed.

Rules of evidence; chemical test evidence.

In any prosecution where two or more offenses against the same

defendant are properly joined in one indictment or charged in two

accusatory instruments properly consolidated for trial purposes and

where one such offense charges a violation of any subdivision of section

eleven hundred ninety-two of the vehicle and traffic law, chemical test

evidence properly admissible as evidence of intoxication under

subdivision one of section eleven hundred ninety-five of such law shall

also, if relevant, be received in evidence with regard to the remaining

charges in the indictments.

Rules of evidence; rape crisis counselor evidence in certain

cases.

Where disclosure of a communication which would have been privileged

pursuant to section forty-five hundred ten of the civil practice law and

rules is sought on the grounds that the privilege has been waived or

that disclosure is required pursuant to the constitution of this state

or the United States, the party seeking disclosure must file a written

motion supported by an affidavit containing specific factual allegations

providing grounds that disclosure is required. Upon the filing of such

motion and affidavit, the court shall conduct an in camera review of the

communication outside the presence of the jury and of counsel for all

parties in order to determine whether disclosure of any portion of the

communication is required.

* § 65.00 Definitions.

As used in this article:

1. "Child witness" means a person fourteen years old or less who is or

will be called to testify in a criminal proceeding, other than a grand

jury proceeding, concerning an offense defined in article one hundred

thirty of the penal law or section 255.25, 255.26 or 255.27 of such law

which is the subject of such criminal proceeding.

2. "Vulnerable child witness" means a child witness whom a court has

declared to be vulnerable.

3. "Testimonial room" means any room, separate and apart from the

courtroom, which is furnished comfortably and less formally than a

courtroom and from which the testimony of a vulnerable child witness can

be transmitted to the courtroom by means of live, two-way closed-circuit

television.

4. "Live, two-way closed-circuit television" means a simultaneous

transmission, by closed-circuit television, or other electronic means,

between the courtroom and the testimonial room in accordance with the

provisions of section 65.30.

5. "Operator" means the individual authorized by the court to operate

the closed-circuit television equipment used in accordance with the

provisions of this article.

6. A person occupies "a position of authority with respect to a child"

when he or she is a parent, guardian or other person responsible for the

custody or care of the child at the relevant time or is any other person

who maintains an ongoing personal relationship with such parent,

guardian or other person responsible for custody or care, which

relationship involves his or her living, or his or her frequent and

repeated presence, in the same household or premises as the child.

* NB Repealed September 1, 2027

* § 65.10 Closed-circuit television; general rule; declaration of

vulnerability.

1. A child witness shall be declared vulnerable when the court, in

accordance with the provisions of section 65.20, determines by clear and

convincing evidence that it is likely that such child witness will

suffer serious mental or emotional harm if required to testify at a

criminal proceeding without the use of live, two-way closed-circuit

television and that the use of such live, two-way closed-circuit

television will diminish the likelihood or extent of, such harm.

2. When the court declares a child witness to be vulnerable, it shall,

except as provided in subdivision four of section 65.30, authorize the

taking of the testimony of the vulnerable child witness from the

testimonial room by means of live, two-way closed-circuit television.

Under no circumstances shall the provisions of this article be construed

to authorize a closed-circuit television system by which events in the

courtroom are not transmitted to the testimonial room during the

testimony of the vulnerable child witness.

3. Nothing herein shall be contrued to preclude the court from

exercising its power to close the courtroom or from exercising any

authority it otherwise may have to protect the well-being of a witness

and the rights of the defendant.

* NB Repealed September 1, 2027

* § 65.20 Closed-circuit television; procedure for application and

grounds for determination.

1. Prior to the commencement of a criminal proceeding; other than a

grand jury proceeding, either party may apply to the court for an order

declaring that a child witness is vulnerable.

2. A child witness should be declared vulnerable when the court, in

accordance with the provisions of this section, determines by clear and

convincing evidence that the child witness would suffer serious mental

or emotional harm that would substantially impair the child witness'

ability to communicate with the finder of fact without the use of live,

two-way closed-circuit television.

3. A motion pursuant to subdivision one of this section must be made

in writing at least eight days before the commencement of trial or other

criminal proceeding upon reasonable notice to the other party and with

an opportunity to be heard.

4. The motion papers must state the basis for the motion and must

contain sworn allegations of fact which, if true, would support a

determination by the court that the child witness is vulnerable. Such

allegations may be based upon the personal knowledge of the deponent or

upon information and belief, provided that, in the latter event, the

sources of such information and the grounds for such belief are stated.

5. The answering papers may admit or deny any of the alleged facts and

may, in addition, contain sworn allegations of fact relevant to the

motion, including the rights of the defendant, the need to protect the

child witness and the integrity of the truth-finding function of the

trier of fact.

6. Unless all material facts alleged in support of the motion made

pursuant to subdivision one of this section are conceded, the court

shall, in addition to examining the papers and hearing oral argument,

conduct an appropriate hearing for the purpose of making findings of

fact essential to the determination of the motion. Except as provided in

subdivision six of this section, it may subpoena or call and examine

witnesses, who must either testify under oath or be permitted to give

unsworn testimony pursuant to subdivision two of section 60.20 and must

authorize the attorneys for the parties to do the same.

7. Notwithstanding any other provision of law, the child witness who

is alleged to be vulnerable may not be compelled to testify at such

hearing or to submit to any psychological or psychiatric examination.

The failure of the child witness to testify at such hearing shall not be

a ground for denying a motion made pursuant to subdivision one of this

section. Prior statements made by the child witness relating to any

allegations of conduct constituting an offense defined in article one

hundred thirty of the penal law or incest as defined in section 255.25,

255.26 or 255.27 of such law or to any allegation of words or conduct

constituting an attempt to prevent, impede or deter the child witness

from cooperating in the investigation or prosecution of the offense

shall be admissible at such hearing, provided, however, that a

declaration that a child witness is vulnerable may not be based solely

upon such prior statements.

8. (a) Notwithstanding any of the provisions of article forty-five of

the civil practice law and rules, any physician, psychologist, nurse or

social worker who has treated a child witness may testify at a hearing

conducted pursuant to subdivision five of this section concerning the

treatment of such child witness as such treatment relates to the issue

presented at the hearing, provided that any otherwise applicable

statutory privileges concerning communications between the child witness

and such physician, psychologist, nurse or social worker in connection

with such treatment shall not be deemed waived by such testimony alone,

except to the limited extent of permitting the court alone to examine in

camera reports, records or documents, if any, prepared by such

physician, psychologist, nurse or social worker. If upon such

examination the court determines that such reports, records or

documents, or any one or portion thereof, contain information material

and relevant to the issue of whether the child witness is a vulnerable

child witness, the court shall disclose such information to both the

attorney for the defendant and the district attorney.

(b) At any time after a motion has been made pursuant to subdivision

one of this section, upon the demand of the other party the moving party

must furnish the demanding party with a copy of any and all of such

records, reports or other documents in the possession of such other

party and must, in addition, supply the court with a copy of all such

reports, records or other documents which are the subject of the demand.

At any time after a demand has been made pursuant to this paragraph, the

moving party may demand that property of the same kind or character in

possession of the party that originally made such demand be furnished to

the moving party and, if so furnished, be supplied, in addition, to the

court.

9. (a) Prior to the commencement of the hearing conducted pursuant to

subdivision six of this section, the district attorney shall, subject to

a protective order, comply with the provisions of subdivision one of

section 245.20 of this chapter as they concern any witness whom the

district attorney intends to call at the hearing and the child witness.

(b) Before a defendant calls a witness at such hearing, he or she

must, subject to a protective order, comply with the provisions of

subdivision four of section 245.20 of this chapter as they concern all

the witnesses the defendant intends to call at such hearing.

10. The court may consider, in determining whether there are factors

which would cause the child witness to suffer serious mental or

emotional harm, a finding that any one or more of the following

circumstances have been established by clear and convincing evidence:

(a) The manner of the commission of the offense of which the defendant

is accused was particularly heinous or was characterized by aggravating

circumstances.

(b) The child witness is particularly young or otherwise particularly

subject to psychological harm on account of a physical or mental

condition which existed before the alleged commission of the offense.

(c) At the time of the alleged offense, the defendant occupied a

position of authority with respect to the child witness.

(d) The offense or offenses charged were part of an ongoing course of

conduct committed by the defendant against the child witness over an

extended period of time.

(e) A deadly weapon or dangerous instrument was allegedly used during

the commission of the crime.

(f) The defendant has inflicted serious physical injury upon the child

witness.

(g) A threat, express or implied, of physical violence to the child

witness or a third person if the child witness were to report the

incident to any person or communicate information to or cooperate with a

court, grand jury, prosecutor, police officer or peace officer

concerning the incident has been made by or on behalf of the defendant.

(h) A threat, express or implied, of the incarceration of a parent or

guardian of the child witness, the removal of the child witness from the

family or the dissolution of the family of the child witness if the

child witness were to report the incident to any person or communicate

information to or cooperate with a court, grand jury, prosecutor, police

officer or peace officer concerning the incident has been made by or on

behalf of the defendant.

(i) A witness other than the child witness has received a threat of

physical violence directed at such witness or to a third person by or on

behalf of the defendant.

(j) The defendant, at the time of the inquiry, (i) is living in the

same household with the child witness, (ii) has ready access to the

child witness or (iii) is providing substantial financial support for

the child witness.

(k) The child witness has previously been the victim of an offense

defined in article one hundred thirty of the penal law or incest as

defined in section 255.25, 255.26 or 255.27 of such law.

(l) According to expert testimony, the child witness would be

particularly suceptible to psychological harm if required to testify in

open court or in the physical presence of the defendant.

11. Irrespective of whether a motion was made pursuant to subdivision

one of this section, the court, at the request of either party or on its

own motion, may decide that a child witness may be vulnerable based on

its own observations that a child witness who has been called to testify

at a criminal proceeding is suffering severe mental or emotional harm

and therefore is physically or mentally unable to testify or to continue

to testify in open court or in the physical presence of the defendant

and that the use of live, two-way closed-circuit television is necessary

to enable the child witness to testify. If the court so decides, it must

conduct the same hearing that subdivision five of this section requires

when a motion is made pursuant to subdivision one of this section, and

it must make findings of fact pursuant to subdivisions nine and eleven

of this section, before determining that the child witness is

vulnerable.

12. In deciding whether a child witness is vulnerable, the court shall

make findings of fact which reflect the causal relationship between the

existence of any one or more of the factors set forth in subdivision

nine of this section or other relevant factors which the court finds are

established and the determination that the child witness is vulnerable.

If the court is satisfied that the child witness is vulnerable and that,

under the facts and circumstances of the particular case, the

defendant's constitutional rights to an impartial jury or of

confrontation will not be impaired, it may enter an order granting the

application for the use of live, two-way closed-circuit television.

13. When the court has determined that a child witness is a vulnerable

child witness, it shall make a specific finding as to whether placing

the defendant and the child witness in the same room during the

testimony of the child witness will contribute to the likelihood that

the child witness will suffer severe mental or emotional harm. If the

court finds that placing the defendant and the child witness in the same

room during the testimony of the child witness will contribute to the

likelihood that the child witness will suffer severe mental or emotional

harm, the order entered pursuant to subdivision eleven of this section

shall direct that the defendant remain in the courtroom during the

testimony of the vulnerable child witness.

* NB Repealed September 1, 2027

* § 65.30 Closed-circuit television; special testimonial procedures.

1. When the court has entered an order pursuant to section 65.20, the

testimony of the vulnerable child witness shall be taken in the

testimonial room and the image and voice of the vulnerable child

witness, as well as the image of all other persons other than the

operator present in the testimonial room, shall be transmitted live by

means of closed-circuit television to the courtroom. The courtroom shall

be equipped with monitors sufficient to permit the judge, jury,

defendant and attorneys to observe the demeanor of the vulnerable child

witness during his or her testimony. Unless the courtroom has been

closed pursuant to court order, the public shall also be permitted to

hear the testimony and view the image of the vulnerable child witness.

2. In all instances, the image of the jury shall be simultaneously

transmitted to the vulnerable child witness in the testimonial room. If

the court order issued pursuant to section 65.20 specifies that the

vulnerable child witness shall testify outside the physical presence of

the defendant, the image of the defendant and the image and voice of the

person examining the vulnerable child witness shall also be

simultaneously transmitted to the vulnerable child witness in the

testimonial room.

3. The operator shall place herself or himself and the closed-circuit

television equipment in a position that permits the entire testimony of

the vulnerable child witness to be transmitted to the courtroom but

limits the ability of the vulnerable child witness to see or hear the

operator or the equipment.

4. Notwithstanding any provision of this article, if the court in a

particular case involving a vulnerable child witness determines that

there is no live, two-way closed-circuit television equipment available

in the court or another court in the county or which can be transported

to the court from another county or that such equipment, if available,

is technologically inadequate to protect the constitutional rights of

the defendant, it shall not permit the use of the closed-circuit

television procedures authorized by this article.

5. If the order of the court entered pursuant to section 65.20

requires that the defendant remain in the courtroom, the attorney for

the defendant and the district attorney shall also remain in the

courtroom unless the court is satisfied that their presence in the

testimonial room will not impede full and private communication between

the defendant and his or her attorney and will not encourage the jury to

draw an inference adverse to the interest of the defendant.

6. Upon request of the defendant, the court shall instruct the jury

that they are to draw no inference from the use of live, two-way

closed-circuit television in the examination of the vulnerable child

witness.

7. The vulnerable child witness shall testify under oath except as

specified in subdivision two of section 60.20. The examination and

cross-examination of the vulnerable child witness shall, in all other

respects, be conducted in the same manner as if the vulnerable child

witness had testified in the courtroom.

8. When the testimony of the vulnerable child witness is transmitted

from the testimonial room into the courtroom, the court stenographer

shall record the textimony in the same manner as if the vulnerable child

witness had testified in the courtroom.

* NB Repealed September 1, 2027

Standards of proof; definitions of terms.

The following definitions are applicable to this chapter:

1. "Legally sufficient evidence" means competent evidence which, if

accepted as true, would establish every element of an offense charged

and the defendant's commission thereof; except that such evidence is not

legally sufficient when corroboration required by law is absent.

2. "Reasonable cause to believe that a person has committed an

offense" exists when evidence or information which appears reliable

discloses facts or circumstances which are collectively of such weight

and persuasiveness as to convince a person of ordinary intelligence,

judgment and experience that it is reasonably likely that such offense

was committed and that such person committed it. Except as otherwise

provided in this chapter, such apparently reliable evidence may include

or consist of hearsay.

Standards of proof for conviction.

No conviction of an offense by verdict is valid unless based upon

trial evidence which is legally sufficient and which establishes beyond

a reasonable doubt every element of such offense and the defendant's

commission thereof.

* § 95.00 Pre-criminal proceeding settlement.

When a county district attorney of a county located in a city of one

million or more recovers monies before the filing of an accusatory

instrument as defined in subdivision one of section 1.20 of this

chapter, after injured parties have been appropriately compensated, the

district attorney's office shall retain a percentage of the remaining

such monies in recognition that such monies were recovered as a result

of investigations undertaken by such office. For each recovery the total

amount of such monies to be retained by the county district attorney's

office shall equal ten percent of the first twenty-five million dollars

received by such office, plus seven and one-half percent of such monies

received by such office in excess of twenty-five million dollars but

less than fifty million dollars, plus five percent of any such monies

received by such office in excess of fifty million dollars but less than

one hundred million dollars, plus one percent of such monies received by

such office in excess of one hundred million dollars. The remainder of

such monies shall be paid by the district attorney's office to the state

and to the county in equal amounts within thirty days of receipt, where

disposition of such monies is not otherwise prescribed by law. Monies

distributed to a county district attorney's office pursuant to this

section shall be used to enhance law enforcement efforts within the

state of New York. On December first of each year, every district

attorney shall provide the governor, temporary president of the senate

and speaker of the assembly with an annual report detailing the total

amount of monies received as described herein by his or her office, a

description of how and where such funds, and an itemization of funds

received in the previous ten years, were distributed by his or her

office but shall not include a description of the distribution of monies

where the disclosure of such information would interfere with a law

enforcement investigation or a judicial proceeding, and the current

total balance of monies held on deposit for state sanctioned deferred

prosecution agreements. The report shall include a detailed description

of any entity to which funds are distributed, including but not limited

to, whether it is a profit or not-for-profit entity, where it is

located, and the intended use of the monies distributed, and shall state

the law enforcement purpose.

* NB Repealed March 31, 2027

Commencement of action; in general.

A criminal action is commenced by the filing of an accusatory

instrument with a criminal court, or, in the case of a juvenile offender

or adolescent offender, other than an adolescent offender charged with

only a violation or traffic infraction, the youth part of the superior

court, and if more than one such instrument is filed in the course of

the same criminal action, such action commences when the first of such

instruments is filed. The only way in which a criminal action can be

commenced in a superior court, other than a criminal action against a

juvenile offender or adolescent offender is by the filing therewith by a

grand jury of an indictment against a defendant who has never been held

by a local criminal court for the action of such grand jury with respect

to any charge contained in such indictment. Otherwise, a criminal action

can be commenced only in a local criminal court, by the filing therewith

of a local criminal court accusatory instrument, namely:

1. An information; or

2. A simplified information; or

3. A prosecutor's information; or

4. A misdemeanor complaint; or

5. A felony complaint.

Commencement of action; effect of family court proceeding.

A criminal court shall have concurrent jurisdiction over cognizable

family offenses, as defined in subdivision one of section 530.11 of this

chapter and in subdivision one of section eight hundred twelve of the

family court act, notwithstanding the fact that a family court has or

may be exercising jurisdiction over a petition under article eight of

the family court act containing substantially the same allegations as

are set forth in the accusatory instrument or indictment.

Local criminal court and youth part of the superior court

accusatory instruments; definitions thereof.

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, or youth part of the superior 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.

Information, misdemeanor complaint and felony complaint; form

and content.

1. An information, a misdemeanor complaint and a felony complaint

must each specify the name of the court with which it is filed and the

title of the action, and must be subscribed and verified by a person

known as the "complainant." The complainant may be any person having

knowledge, whether personal or upon information and belief, of the

commission of the offense or offenses charged. Each instrument must

contain an accusatory part and a factual part. The complainant's

verification of the instrument is deemed to apply only to the factual

part thereof and not to the accusatory part.

2. The accusatory part of each such instrument must designate the

offense or offenses charged. As in the case of an indictment, and

subject to the rules of joinder applicable to indictments, two or more

offenses may be charged in separate counts. Also as in the case of an

indictment, such instrument may charge two or more defendants provided

that all such defendants are jointly charged with every offense alleged

therein.

3. The factual part of such instrument must contain a statement of

the complainant alleging facts of an evidentiary character supporting or

tending to support the charges. Where more than one offense is charged,

the factual part should consist of a single factual account applicable

to all the counts of the accusatory part. The factual allegations may

be based either upon personal knowledge of the complainant or upon

information and belief. Nothing contained in this section, however,

limits or affects the requirement, prescribed in subdivision one of

section 100.40, that in order for an information or a count thereof to

be sufficient on its face, every element of the offense charged and the

defendant's commission thereof must be supported by non-hearsay

allegations of such information and/or any supporting depositions.

4. Where a felony complaint charges a violent felony offense defined

in section 70.02 of the penal law and such offense is an armed felony as

defined in subdivision forty-one of section 1.20,

(a) the accusatory part of the instrument must designate the offense

as an armed felony, and (b) the factual part of the instrument must

allege facts of an evidentiary character supporting or tending to

support such designation.

Supporting deposition; definition, form and content.

A supporting deposition is a written instrument accompanying or filed

in connection with an information, a simplified information, a

misdemeanor complaint or a felony complaint, subscribed and verified by

a person other than the complainant of such accusatory instrument, and

containing factual allegations of an evidentiary character, based either

upon personal knowledge or upon information and belief, which supplement

those of the accusatory instrument and support or tend to support the

charge or charges contained therein.

Simplified information; form and content; defendant's right to

supporting deposition; notice requirement.

1. A simplified information must be substantially in the form

prescribed by the commissioner of motor vehicles, the commissioner of

parks and recreation, or the commissioner of environmental conservation,

as the case may be.

2. A defendant charged by a simplified information is, upon a timely

request, entitled as a matter of right to have filed with the court and

served upon him, or if he is represented by an attorney, upon his

attorney, a supporting deposition of the complainant police officer or

public servant, containing allegations of fact, based either upon

personal knowledge or upon information and belief, providing reasonable

cause to believe that the defendant committed the offense or offenses

charged. To be timely, such a request must, except as otherwise provided

herein and in subdivision three of this section, be made before entry of

a plea of guilty to the charge specified and before commencement of a

trial thereon, but not later than thirty days after the date the

defendant is directed to appear in court as such date appears upon the

simplified information and upon the appearance ticket issued pursuant

thereto. If the defendant's request is mailed to the court, the request

must be mailed within such thirty day period. Upon such a request, the

court must order the complainant police officer or public servant to

serve a copy of such supporting deposition upon the defendant or his

attorney, within thirty days of the date such request is received by the

court, or at least five days before trial, whichever is earlier, and to

file such supporting deposition with the court together with proof of

service thereof. Notwithstanding any provision to the contrary, where a

defendant is issued an appearance ticket in conjunction with the offense

charged in the simplified information and the appearance ticket fails to

conform with the requirements of subdivision two of section 150.10, a

request is timely when made not later than thirty days after (a) entry

of the defendant's plea of not guilty when he or she has been arraigned

in person, or (b) written notice to the defendant of his or her right to

receive a supporting deposition when a plea of not guilty has been

submitted by mail.

3. When at least one of the offenses charged in a simplified

information is a misdemeanor, the court may, upon motion of the

defendant, for good cause shown and consistent with the interest of

justice, permit the defendant to request a supporting deposition beyond

the thirty day request period set forth in subdivision two of this

section provided, however, that no motion may be brought under this

subdivision after ninety days has elapsed from the date the defendant is

directed to appear in court as such date appears upon the simplified

information and upon the appearance ticket issued pursuant thereto.

4. Notwithstanding any provision of law to the contrary, where a

person is charged by a simplified information and is served with an

appearance ticket as defined in section 150.10, such appearance ticket

shall contain the following language: "NOTICE: YOU ARE ENTITLED TO

RECEIVE A SUPPORTING DEPOSITION FURTHER EXPLAINING THE CHARGES PROVIDED

YOU REQUEST SUCH SUPPORTING DEPOSITION WITHIN THIRTY DAYS FROM THE DATE

YOU ARE DIRECTED TO APPEAR IN COURT AS SET FORTH ON THIS APPEARANCE

TICKET. DO YOU REQUEST A SUPPORTING DEPOSITION?

[ ] YES

[ ] NO"

Information, misdemeanor complaint, felony complaint,

supporting deposition and proof of service of supporting

deposition; verification.

1. An information, a misdemeanor complaint, a felony complaint, a

supporting deposition, and proof of service of a supporting deposition

may be verified in any of the following manners:

(a) Such instrument may be sworn to before the court with which it is

filed.

(b) Such instrument may be sworn to before a desk officer in charge at

a police station or police headquarters or any of his superior officers.

(c) Where such instrument is filed by any public servant following the

issuance and service of an appearance ticket, and where by express

provision of law another designated public servant is authorized to

administer the oath with respect to such instrument, it may be sworn to

before such public servant.

(d) Such instrument may bear a form notice that false statements made

therein are punishable as a class A misdemeanor pursuant to section

210.45 of the penal law, and such form notice together with the

subscription of the deponent constitute a verification of the

instrument.

(e) Such instrument may be sworn to before a notary public.

2. An instrument specified in subdivision one may be verified in any

manner prescribed therein unless in a particular case the court

expressly directs verification in a particular manner prescribed in said

subdivision one.

Prosecutor's information; form and content.

A prosecutor's information must contain the name of the local criminal

court with which it is filed and the title of the action, and must be

subscribed by the district attorney by whom it is filed. Otherwise it

should be in the form prescribed for an indictment, pursuant to section

200.50, and must, in one or more counts, allege the offense or offenses

charged and a plain and concise statement of the conduct constituting

each such offense. The rules prescribed in sections 200.20 and 200.40

governing joinder of different offenses and defendants in a single

indictment are also applicable to a prosecutor's information.

Local criminal court and youth part of the superior court

accusatory instruments; sufficiency on face.

1. An information, or a count thereof, is sufficient on its face when:

(a) It substantially conforms to the requirements prescribed in

section 100.15; and

(b) The allegations of the factual part of the information, together

with those of any supporting depositions which may accompany it, provide

reasonable cause to believe that the defendant committed the offense

charged in the accusatory part of the information; and

(c) Non-hearsay allegations of the factual part of the information

and/or of any supporting depositions establish, if true, every element

of the offense charged and the defendant's commission thereof.

2. A simplified information is sufficient on its face when, as

provided by subdivision one of section 100.25, it substantially conforms

to the requirement therefor prescribed by or pursuant to law; provided

that when the filing of a supporting deposition is ordered by the court

pursuant to subdivision two of said section 100.25, a failure of the

complainant police officer or public servant to comply with such order

within the time provided by subdivision two of said section 100.25

renders the simplified information insufficient on its face.

3. A prosecutor's information, or a count thereof, is sufficient on

its face when it substantially conforms to the requirements prescribed

in section 100.35.

4. A misdemeanor complaint or a felony complaint, or a count thereof,

is sufficient on its face when:

(a) It substantially conforms to the requirements prescribed in

section 100.15; and

(b) The allegations of the factual part of such accusatory instrument

and/or any supporting depositions which may accompany it, provide

reasonable cause to believe that the defendant committed the offense

charged in the accusatory part of such instrument.

Information, prosecutor's information, misdemeanor complaint;

severance, consolidation, amendment, bill of particulars.

1. Where appropriate, the provisions of sections 200.20 and 200.40 and

paragraph (n) of subdivision four of section 20.40 of this chapter,

governing severance of counts of an indictment and severance of

defendants for trial purposes, and governing consolidation of

indictments for trial purposes, apply to informations, to prosecutor's

informations and to misdemeanor complaints.

2. The provisions of section 200.70 governing amendment of indictments

apply to prosecutor's informations.

3. At any time before the entry of a plea of guilty to or the

commencement of a trial of an information, the court may, upon

application of the people and with notice to the defendant and

opportunity to be heard, order the amendment of the accusatory part of

such information by addition of a count charging an offense supported by

the allegations of the factual part of such information and/or any

supporting depositions which may accompany it. In such case, the

defendant must be accorded any reasonable adjournment necessitated by

the amendment.

4. The provisions of section 200.95, governing bills of particulars

with respect to indictments, apply to informations, to misdemeanor

complaints and to prosecutor's informations.

Superseding informations and prosecutor's informations.

1. If at any time before entry of a plea of guilty to or commencement

of a trial of an information or a prosecutor's information, another

information or, as the case may be, another prosecutor's information is

filed with the same local criminal court charging the defendant with an

offense charged in the first instrument, the first such instrument is,

with respect to such offense, superseded by the second and, upon the

defendant's arraignment upon the latter, the count of the first

instrument charging such offense must be dismissed by the court. The

first instrument is not, however, superseded with respect to any count

contained therein which charges an offense not charged in the second

instrument.

2. At any time before entry of a plea of guilty to or commencement of

a trial of an information, the district attorney may file with the local

criminal court a prosecutor's information charging any offenses

supported, pursuant to the standards prescribed in subdivision one of

section 100.40, by the allegations of the factual part of the original

information and/or any supporting depositions which may accompany it.

In such case, the original information is superseded by the prosecutor's

information and, upon the defendant's arraignment upon the latter, is

deemed dismissed.

3. A misdemeanor complaint must or may be replaced and superseded by

an information pursuant to the provisions of section 170.65.

Local criminal court accusatory instruments; in what courts

filed.

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.

11. Notwithstanding any provision of law to the contrary, a local

criminal court accusatory instrument may be filed with a local criminal

court while it is operating an off-hours arraignment part designated in

accordance with paragraph (w) of subdivision one of section two hundred

twelve of the judiciary law provided that an offense charged therein was

allegedly committed in the county in which the local criminal court is

located.

Youth part of the superior court accusatory instruments; in

what courts filed.

Any youth part of the superior court accusatory instrument may be

filed with the youth part of the superior 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.

Methods of requiring defendant's appearance in local criminal

court or youth part of the superior court for arraignment; in

general.

1. After a criminal action has been commenced in a local criminal

court or youth part of the superior court by the filing of an accusatory

instrument therewith, a defendant who has not been arraigned in the

action and has not come under the control of the court may under certain

circumstances be compelled or required to appear for arraignment upon

such accusatory instrument by:

(a) The issuance and execution of a warrant of arrest, as provided in

article one hundred twenty; or

(b) The issuance and service upon him of a summons, as provided in

article one hundred thirty; or

(c) Procedures provided in articles five hundred sixty, five hundred

seventy, five hundred eighty, five hundred ninety and six hundred for

securing attendance of defendants in criminal actions who are not at

liberty within the state.

2. Although no criminal action against a person has been commenced in

any court, he may under certain circumstances be compelled or required

to appear in a local criminal court or youth part of a superior court

for arraignment upon an accusatory instrument to be filed therewith at

or before the time of his appearance by:

(a) An arrest made without a warrant, as provided in article one

hundred forty; or

(b) The issuance and service upon him of an appearance ticket, as

provided in article one hundred fifty.

Local criminal court or youth part of the superior court

accusatory instruments; notice thereof to district attorney.

When a criminal action in which a crime is charged is commenced in a

local criminal court, or youth part of the superior court other than the

criminal court of the city of New York, a copy of the accusatory

instrument shall be promptly transmitted to the appropriate district

attorney upon or prior to the arraignment of the defendant on the

accusatory instrument. If a police officer or a peace officer is the

complainant or the filer of a simplified information, or has arrested

the defendant or brought him before the local criminal court or youth

part of the superior court on behalf of an arresting person pursuant to

subdivision one of section 140.20, such officer or his agency shall

transmit the copy of the accusatory instrument to the appropriate

district attorney. In all other cases, the clerk of the court in which

the defendant is arraigned shall so transmit it.

Warrant of arrest; definition, function, form and content.

1. A warrant of arrest is a process issued by a local criminal court

directing a police officer to arrest a defendant designated in an

accusatory instrument filed with such court and to bring him before such

court in connection with such instrument. The sole function of a warrant

of arrest is to achieve a defendant's court appearance in a criminal

action for the purpose of arraignment upon the accusatory instrument by

which such action was commenced.

2. A warrant of arrest must be subscribed by the issuing judge and

must state or contain (a) the name of the issuing court, and (b) the

date of issuance of the warrant, and (c) the name or title of an offense

charged in the underlying accusatory instrument, and (d) the name of the

defendant to be arrested or, if such be unknown, any name or description

by which he can be identified with reasonable certainty, and (e) the

police officer or officers to whom the warrant is addressed, and (f) a

direction that such officer arrest the defendant and bring him before

the issuing court.

3. A warrant of arrest may be addressed to a classification of police

officers, or to two or more classifications thereof, as well as to a

designated individual police officer or officers. Multiple copies of

such a warrant may be issued.

Warrant of arrest; when issuable.

1. When a criminal action has been commenced in a local criminal court

or youth part of the superior court by the filing therewith of an

accusatory instrument, other than a simplified traffic information,

against a defendant who has not been arraigned upon such accusatory

instrument and has not come under the control of the court with respect

thereto:

(a) such court may, if such accusatory instrument is sufficient on its

face, issue a warrant for such defendant's arrest; or

(b) 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 that is sufficient on its face, the

court must dismiss the accusatory instrument.

2. Even though such accusatory instrument is sufficient on its face,

the court may refuse to issue a warrant of arrest based thereon until it

has further satisfied itself, by inquiry or examination of witnesses,

that there is reasonable cause to believe that the defendant committed

an offense charged. Upon such inquiry or examination, the court may

examine, under oath or otherwise, any available person whom it believes

may possess knowledge concerning the subject matter of the charge.

3. Notwithstanding the provisions of subdivision one, if a summons may

be issued in lieu of a warrant of arrest pursuant to section 130.20, and

if the court is satisfied that the defendant will respond thereto, it

may not issue a warrant of arrest. Upon the request of the district

attorney, in lieu of a warrant of arrest or summons, the court may

instead authorize the district attorney to direct the defendant to

appear for arraignment on a designated date if it is satisfied that the

defendant will so appear.

Warrant of arrest; by what courts issuable and in what courts

returnable.

1. A warrant of arrest may be issued only by the local criminal court

or youth part of the superior court with which the underlying accusatory

instrument has been filed, and it may be made returnable in such issuing

court only.

2. The particular local criminal court or courts or youth part of the

superior court with which any particular local criminal court or youth

part of the superior court accusatory instrument may be filed for the

purpose of obtaining a warrant of arrest are determined, generally, by

the provisions of section 100.55 or 100.60 of this title. If, however, a

particular accusatory instrument may pursuant to said section 100.55 be

filed with a particular town court and such town court is not available

at the time such instrument is sought to be filed and a warrant

obtained, such accusatory instrument may be filed with the town court of

any adjoining town of the same county. If such instrument may be filed

pursuant to said section 100.55 with a particular village court and such

village court is not available at the time, it may be filed with the

town court of the town embracing such village, or if such town court is

not available either, with the town court of any adjoining town of the

same county.

Warrant of arrest; attaching accusatory instrument to warrant

of town court, village court or city court.

A town court, village court or city court which issues a warrant of

arrest may attach thereto a duplicate copy of the underlying accusatory

instrument. If one or more duplicate copies of the warrant are issued,

such court may attach as many copies of such accusatory instrument to

copies of such warrant as it chooses. In any case where, pursuant to

subdivision five of section 120.90, a defendant arrested upon such a

warrant of arrest is brought before a local criminal court other than

the town court, village court or city court in which the warrant is

returnable, a copy of the accusatory instrument constitutes a valid

basis for arraignment, as provided in subdivision one of section 170.15.

Warrant of arrest; to what police officers addressed.

A warrant of arrest may be addressed to any police officer or

classification of police officers whose geographical area of employment

embraces either the place where the offense charged was allegedly

committed or the locality of the court by which the warrant is issued.

Warrant of arrest; defendant under parole or probation

supervision.

If the defendant named within a warrant of arrest issued by a local

criminal court or youth part of the superior court pursuant to the

provisions of this article, or by a superior court issued pursuant to

subdivision three of section 210.10 of this chapter, is under the

supervision of the state department of corrections and community

supervision or a local or state probation department, then a warrant for

his or her arrest may be executed by a parole officer or probation

officer, when authorized by his or her probation director, within his or

her geographical area of employment. The execution of the warrant by a

parole officer or probation officer shall be upon the same conditions

and conducted in the same manner as provided for execution of a warrant

by a police officer.

Warrant of arrest; what police officers may execute.

1. A warrant of arrest may be executed by (a) any police officer to

whom it is addressed, or (b) any other police officer delegated to

execute it under circumstances prescribed in subdivisions two and three.

2. A police officer to whom a warrant of arrest is addressed may

delegate another officer to whom it is not addressed to execute such

warrant as his agent when:

(a) He has reasonable cause to believe that the defendant is in a

particular county other than the one in which the warrant is returnable;

and

(b) The warrant is, pursuant to section 120.70, executable in such

other county without endorsement by a local criminal court thereof; and

(c) The geographical area of employment of the delegated police

officer embraces the locality where the arrest is to be made.

3. Under circumstances specified in subdivision two, the police

officer to whom the warrant is addressed may inform the delegated

officer, by telecommunication, mail or any other means, of the issuance

of the warrant, of the offense charged in the underlying accusatory

instrument and of all other pertinent details, and may request him to

act as his agent in arresting the defendant pursuant to such warrant.

Upon such request, the delegated police officer is to the same extent as

the delegating officer, authorized to make such arrest pursuant to the

warrant within the geographical area of such delegated officer's

employment. Upon so arresting the defendant, he must proceed as

provided in subdivisions two and four of section 120.90.

Warrant of arrest; where executable.

1. A warrant of arrest issued by a district court, by the New York

City criminal court, the youth part of a superior court or by a superior

court judge sitting as a local criminal court may be executed anywhere

in the state.

2. A warrant of arrest issued by a city court, a town court or a

village court may be executed:

(a) In the county of issuance or in any adjoining county; or

(b) Anywhere else in the state upon the written endorsement thereon of

a local criminal court of the county in which the arrest is to be made.

When so endorsed, the warrant is deemed the process of the endorsing

court as well as that of the issuing court.

Warrant of arrest; when and how executed.

1. A warrant of arrest may be executed on any day of the week and at

any hour of the day or night.

2. Unless encountering physical resistance, flight or other factors

rendering normal procedure impractical, the arresting police officer

must inform the defendant that a warrant for his arrest for the offense

designated therein has been issued. Upon request of the defendant, the

officer must show him the warrant if he has it in his possession. The

officer need not have the warrant in his possession, and, if he has not,

he must show it to the defendant upon request as soon after the arrest

as possible.

3. In order to effect the arrest, the police officer may use such

physical force as is justifiable pursuant to section 35.30 of the penal

law.

4. In order to effect the arrest, the police officer may, under

circumstances and in the manner prescribed in this subdivision, enter

any premises in which he reasonably believes the defendant to be

present; provided, however, that where the premises in which the officer

reasonably believes the defendant to be present is the dwelling of a

third party who is not the subject of the arrest warrant, the officer

shall proceed in the manner specified in article 690 of this chapter.

Before such entry, he must give, or make reasonable effort to give,

notice of his authority and purpose to an occupant thereof, unless there

is reasonable cause to believe that the giving of such notice will:

(a) Result in the defendant escaping or attempting to escape; or

(b) Endanger the life or safety of the officer or another person; or

(c) Result in the destruction, damaging or secretion of material

evidence.

5. If the officer is authorized to enter premises without giving

notice of his authority and purpose, or if after giving such notice he

is not admitted, he may enter such premises, and by a breaking if

necessary.

Child-sensitive arrests.

A state or local law enforcement officer who arrests an individual

legally charged with the care or custody of a child less than eighteen

years old shall to the extent practicable, at the time of the arrest,

take appropriate action that is conducive to the child's safety and/or

security and is consistent with the policies and procedures established

pursuant to section two hundred fourteen-i or paragraph (f-2) of

subdivision three of section eight hundred forty of the executive law as

applicable.

Warrant of arrest; procedure after arrest.

1. Upon arresting a defendant for any offense pursuant to a warrant of

arrest in the county in which the warrant is returnable or in any

adjoining county, or upon so arresting him or her for a felony in any

other county, a police officer, if he or she be one to whom the warrant

is addressed, must without unnecessary delay bring the defendant before

the local criminal court or youth part of the superior court in which

such warrant is returnable, provided that, where a local criminal court

or youth part of the superior court in the county in which the warrant

is returnable hereunder is operating an off-hours arraignment part

designated in accordance with paragraph (w) of subdivision one of

section two hundred twelve of the judiciary law at the time of

defendant's return, such police officer may bring the defendant before

such local criminal court or youth part of the superior court.

2. Upon arresting a defendant for any offense pursuant to a warrant

of arrest in a county adjoining the county in which the warrant is

returnable, or upon so arresting him for a felony in any other county, a

police officer, if he be one delegated to execute the warrant pursuant

to section 120.60, must without unnecessary delay deliver the defendant

or cause him to be delivered to the custody of the officer by whom he

was so delegated, and the latter must then proceed as provided in

subdivision one.

3. Upon arresting a defendant for an offense other than a felony

pursuant to a warrant of arrest in a county other than the one in which

the warrant is returnable or one adjoining it, a police officer, if he

be one to whom the warrant is addressed, must inform the defendant that

he has a right to appear before a local criminal court of the county of

arrest for the purpose of being released on his own recognizance or

having bail fixed. If the defendant does not desire to avail himself of

such right, the officer must request him to endorse such fact upon the

warrant, and upon such endorsement the officer must without unnecessary

delay bring him before the court in which the warrant is returnable. If

the defendant does desire to avail himself of such right, or if he

refuses to make the aforementioned endorsement, the officer must without

unnecessary delay bring him before a local criminal court of the county

of arrest. Such court must release the defendant on his own

recognizance or fix bail for his appearance on a specified date in the

court in which the warrant is returnable. If the defendant is in

default of bail, the officer must without unnecessary delay bring him

before the court in which the warrant is returnable.

4. Upon arresting a defendant for an offense other than a felony

pursuant to a warrant of arrest in a county other than the one in which

the warrant is returnable or one adjoining it, a police officer, if he

be one delegated to execute the warrant pursuant to section 120.60, may

hold the defendant in custody in the county of arrest for a period not

exceeding two hours for the purpose of delivering him to the custody of

the officer by whom he was delegated to execute such warrant. If the

delegating officer receives custody of the defendant during such period,

he must proceed as provided in subdivision three. Otherwise, the

delegated officer must inform the defendant that he has a right to

appear before a local criminal court for the purpose of being released

on his own recognizance or having bail fixed. If the defendant does not

desire to avail himself of such right, the officer must request him to

make, sign and deliver to him a written statement of such fact, and if

the defendant does so, the officer must retain custody of him but must

without unnecessary delay deliver him or cause him to be delivered to

the custody of the delegating police officer. If the defendant does

desire to avail himself of such right, or if he refuses to make and

deliver the aforementioned statement, the delegated or arresting officer

must without unnecessary delay bring him before a local criminal court

of the county of arrest and must submit to such court a written

statement reciting the material facts concerning the issuance of the

warrant, the offense involved, and all other essential matters relating

thereto. Upon the submission of such statement, such court must release

the defendant on his own recognizance or fix bail for his appearance on

a specified date in the court in which the warrant is returnable. If

the defendant is in default of bail, the officer must retain custody of

him but must without unnecessary delay deliver him or cause him to be

delivered to the custody of the delegating officer. Upon receiving such

custody, the latter must without unnecessary delay bring the defendant

before the court in which the warrant is returnable.

5. Whenever a police officer is required pursuant to this section to

bring an arrested defendant before a town court in which a warrant of

arrest is returnable, and if such town court is not available at the

time, such officer must, if a copy of the underlying accusatory

instrument has been attached to the warrant pursuant to section 120.40,

instead bring such defendant before any village court embraced, in whole

or in part, by such town, or any local criminal court of an adjoining

town or city of the same county or any village court embraced, in whole

or in part, by such adjoining town. When the court in which the warrant

is returnable is a village court which is not available at the time, the

officer must in such circumstances bring the defendant before the town

court of the town embracing such village or any other village court

within such town or, if such town court or village court is not

available either, before the local criminal court of any town or city of

the same county which adjoins such embracing town or, before the local

criminal court of any village embraced in whole or in part by such

adjoining town. When the court in which the warrant is returnable is a

city court which is not available at the time, the officer must in such

circumstances bring the defendant before the local criminal court of any

adjoining town or village embraced in whole or in part by such adjoining

town of the same county.

5-a. Whenever a police officer is required, pursuant to this section,

to bring an arrested defendant before a youth part of a superior court

in which a warrant of arrest is returnable, and if such court is not in

session, such officer must bring such defendant before the most

accessible magistrate designated by the appellate division of the

supreme court in the applicable department to act as a youth part.

6. Before bringing a defendant arrested pursuant to a warrant before

the local criminal court or youth part of a superior court in which such

warrant is returnable, a police officer must without unnecessary delay

perform all fingerprinting and other preliminary police duties required

in the particular case. In any case in which the defendant is not

brought by a police officer before such court but, following his arrest

in another county for an offense specified in subdivision one of section

160.10, is released by a local criminal court of such other county on

his own recognizance or on bail for his appearance on a specified date

before the local criminal court before which the warrant is returnable,

the latter court must, upon arraignment of the defendant before it,

direct that he be fingerprinted by the appropriate officer or agency,

and that he appear at an appropriate designated time and place for such

purpose.

7. Upon arresting a juvenile offender or adolescent offender, the

police officer shall immediately notify the parent or other person

legally responsible for his care or the person with whom he is

domiciled, that the juvenile offender or adolescent offender has been

arrested, and the location of the facility where he is being detained.

8. Upon arresting a defendant, other than a juvenile offender, for any

offense pursuant to a warrant of arrest, a police officer shall, upon

the defendant's request, permit the defendant to communicate by

telephone provided by the law enforcement facility where the defendant

is held to a phone number located anywhere in the United States or

Puerto Rico, for the purposes of obtaining counsel and informing a

relative or friend that he or she has been arrested, unless granting the

call will compromise an ongoing investigation or the prosecution of the

defendant.

Summons; definition, function, form and content.

1. A summons is a process issued by a local criminal court directing a

defendant designated in an information, a prosecutor's information, a

felony complaint or a misdemeanor complaint filed with such court, or a

youth part of a superior court directing a defendant designated in a

felony complaint, or by a superior court directing a defendant

designated in an indictment filed with such court, to appear before it

at a designated future time in connection with such accusatory

instrument. The sole function of a summons is to achieve a defendant's

court appearance in a criminal action for the purpose of arraignment

upon the accusatory instrument by which such action was commenced.

2. A summons must be subscribed by the issuing judge and must state or

contain (a) the name of the issuing court, and (b) the name of the

defendant to whom it is addressed, and (c) the name or title of an

offense charged in the underlying accusatory instrument, and (d) the

date of issuance of the summons, and (e) the date and time when it is

returnable, and (f) a direction that the defendant appear before the

issuing court at such time.

Summons; by what courts issuable and in what courts returnable.

A summons may be issued only by the local criminal court or superior

court with which the accusatory instrument underlying it has been filed,

and it may be made returnable in such issuing court only.

Summons; when issuable.

A local criminal court or youth part of the superior 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.

Summons; service.

1. A summons may be served by a police officer, or by a complainant

at least eighteen years old or by any other person at least eighteen

years old designated by the court.

2. A summons may be served anywhere in the county of issuance or

anywhere in an adjoining county.

Summons; defendant's failure to appear.

If after the service of a summons the defendant does not appear in the

designated local criminal court or superior court at the time such

summons is returnable, the court may issue a warrant of arrest.

Summons; fingerprinting of defendant.

1. Upon the arraignment of a defendant whose court attendance has been

secured by the issuance and service of a summons, based upon an

indictment, a prosecutor's information or upon an information, felony

complaint or misdemeanor complaint filed by a complainant who is a

police officer, the court must, if an offense charged in the accusatory

instrument is one specified in subdivision one of section 160.10, direct

that the defendant be fingerprinted by the appropriate police officer or

agency, and that he or she appear at an appropriate designated time and

place for such purpose.

2. Upon the arraignment of a defendant whose court attendance has been

secured by the issuance and service of a summons based upon an

information or misdemeanor complaint filed by a complainant who is not a

police officer, and who has not previously been fingerprinted, the court

may, if it finds reasonable cause to believe that the defendant has

committed an offense specified in subdivision one of section 160.10,

direct that the defendant be fingerprinted by the appropriate police

officer or agency and that he appear at an appropriate designated time

and place for such purpose. A defendant whose court appearance has been

secured by the issuance and service of a criminal summons based upon a

misdemeanor complaint or information filed by a complainant who is not a

police officer, must be directed by the court, upon conviction of the

defendant, to be fingerprinted by the appropriate police officer or

agency and the court must also direct that the defendant appear at an

appropriate designated time and place for such purpose, if the defendant

is convicted of any offense specified in subdivision one of section

160.10.

Arrest without a warrant; in general.

A person who has committed or is believed to have committed an offense

and who is at liberty within the state may, under circumstances

prescribed in this article, be arrested for such offense although no

warrant of arrest therefor has been issued and although no criminal

action therefor has yet been commenced in any criminal court.

Arrest without a warrant; by police officer; when and where

authorized.

1. Subject to the provisions of subdivision two, a police officer may

arrest a person for:

(a) Any offense when he or she has reasonable cause to believe that

such person has committed such offense in his or her presence; and

(b) A crime when he or she has reasonable cause to believe that such

person has committed such crime, whether in his or her presence or

otherwise.

2. A police officer may arrest a person for a petty offense, pursuant

to subdivision one, only when:

(a) Such offense was committed or believed by him or her to have been

committed within the geographical area of such police officer's

employment or within one hundred yards of such geographical area; and

(b) Such arrest is made in the county in which such offense was

committed or believed to have been committed or in an adjoining county;

except that the police officer may follow such person in continuous

close pursuit, commencing either in the county in which the offense was

or is believed to have been committed or in an adjoining county, in and

through any county of the state, and may arrest him or her in any county

in which he or she apprehends him or her.

3. A police officer may arrest a person for a crime, pursuant to

subdivision one, whether or not such crime was committed within the

geographical area of such police officer's employment, and he or she may

make such arrest within the state, regardless of the situs of the

commission of the crime. In addition, he or she may, if necessary,

pursue such person outside the state and may arrest him or her in any

state the laws of which contain provisions equivalent to those of

section 140.55.

3-a. A police officer shall not arrest any person for any legally

protected health activity as defined in section 570.17 of this chapter.

* 4. Notwithstanding any other provisions of this section, a police

officer shall arrest a person, and shall not attempt to reconcile the

parties or mediate, where such officer has reasonable cause to believe

that:

(a) a felony, other than subdivision three, four, nine or ten of

section 155.30 of the penal law, has been committed by such person

against a member of the same family or household, as member of the same

family or household is defined in subdivision one of section 530.11 of

this chapter; or

(b) a duly served order of protection or special order of conditions

issued pursuant to subparagraph (i) or (ii) of paragraph (o) of

subdivision one of section 330.20 of this chapter is in effect, or an

order of which the respondent or defendant has actual knowledge because

he or she was present in court when such order was issued, where the

order appears to have been issued by a court of competent jurisdiction

of this or another state, territorial or tribal jurisdiction; and

(i) Such order directs that the respondent or defendant stay away from

persons on whose behalf the order of protection or special order of

conditions has been issued and the respondent or defendant committed an

act or acts in violation of such "stay away" provision of such order; or

(ii) The respondent or defendant commits a family offense as defined

in subdivision one of section eight hundred twelve of the family court

act or subdivision one of section 530.11 of this chapter in violation of

such order of protection or special order of conditions.

The provisions of this subdivision shall apply only to orders of

protection issued pursuant to sections two hundred forty and two hundred

fifty-two of the domestic relations law, articles four, five, six and

eight of the family court act and section 530.12 of this chapter,

special orders of conditions issued pursuant to subparagraph (i) or (ii)

of paragraph (o) of subdivision one of section 330.20 of this chapter

insofar as they involve a victim or victims of domestic violence as

defined by subdivision one of section four hundred fifty-nine-a of the

social services law or a designated witness or witnesses to such

domestic violence, and to orders of protection issued by courts of

competent jurisdiction in another state, territorial or tribal

jurisdiction. In determining whether reasonable cause exists to make an

arrest for a violation of an order issued by a court of another state,

territorial or tribal jurisdiction, the officer shall consider, among

other factors, whether the order, if available, appears to be valid on

its face or whether a record of the order exists on the statewide

registry of orders of protection and warrants established pursuant to

section two hundred twenty-one-a of the executive law or the protection

order file maintained by the national crime information center;

provided, however, that entry of the order of protection or special

order of conditions into the statewide registry or the national

protection order file shall not be required for enforcement of the

order. When a special order of conditions is in effect and a defendant

or respondent has been taken into custody pursuant to this paragraph,

nothing contained in this paragraph shall restrict or impair a police

officer from acting pursuant to section 9.41 of the mental hygiene law;

or

(c) a misdemeanor constituting a family offense, as described in

subdivision one of section 530.11 of this chapter and section eight

hundred twelve of the family court act, has been committed by such

person against such family or household member, unless the victim

requests otherwise. The officer shall neither inquire as to whether the

victim seeks an arrest of such person nor threaten the arrest of any

person for the purpose of discouraging requests for police intervention.

Notwithstanding the foregoing, when an officer has reasonable cause to

believe that more than one family or household member has committed such

a misdemeanor, the officer is not required to arrest each such person.

In such circumstances, the officer shall attempt to identify and arrest

the primary physical aggressor after considering: (i) the comparative

extent of any injuries inflicted by and between the parties; (ii)

whether any such person is threatening or has threatened future harm

against another party or another family or household member; (iii)

whether any such person has a prior history of domestic violence that

the officer can reasonably ascertain; and (iv) whether any such person

acted defensively to protect himself or herself from injury. The officer

shall evaluate each complaint separately to determine who is the primary

physical aggressor and shall not base the decision to arrest or not to

arrest on the willingness of a person to testify or otherwise

participate in a judicial proceeding.

The protected party in whose favor the order of protection or

temporary order of protection is issued may not be held to violate an

order issued in his or her favor nor may such protected party be

arrested for violating such order.

Nothing contained in this subdivision shall be deemed to (a) require

the arrest of any person when the officer reasonably believes the

person's conduct is justifiable under article thirty-five of title C of

the penal law; or (b) restrict or impair the authority of any

municipality, political subdivision, or the division of state police

from promulgating rules, regulations and policies requiring the arrest

of persons in additional circumstances where domestic violence has

allegedly occurred.

No cause of action for damages shall arise in favor of any person by

reason of any arrest made by a police officer pursuant to this

subdivision, except as provided in sections seventeen and eighteen of

the public officers law and sections fifty-k, fifty-l, fifty-m and

fifty-n of the general municipal law, as appropriate.

* NB Repealed September 1, 2027

5. Upon investigating a report of a crime or offense between members

of the same family or household as such terms are defined in section

530.11 of this chapter and section eight hundred twelve of the family

court act, a law enforcement officer shall prepare, file, and translate,

in accordance with section two hundred fourteen-b or eight hundred forty

of the executive law, a written report of the incident, on a form

promulgated pursuant to section eight hundred thirty-seven of the

executive law, including statements made by the victim and by any

witnesses, and make any additional reports required by local law

enforcement policy or regulations. Such report shall be prepared and

filed, whether or not an arrest is made as a result of the officers'

investigation, and shall be retained by the law enforcement agency for a

period of not less than four years. Where the reported incident involved

an offense committed against a person who is sixty-five years of age or

older a copy of the report required by this subdivision shall be sent to

the New York state committee for the coordination of police services to

elderly persons established pursuant to section eight hundred

forty-four-b of the executive law. Where the reported incident involved

an offense committed by an individual known by the law enforcement

officer to be under probation or parole supervision, he or she shall

transmit a copy of the report as soon as practicable to the supervising

probation department or the department of corrections and community

supervision.

6. (a) (i) A police officer who responds to a report of a family

offense as defined in section 530.11 of this chapter and section eight

hundred twelve of the family court act:

(1) may take temporary custody of any firearm, rifle, electronic dart

gun, electronic stun gun, disguised gun, imitation weapon, shotgun,

antique firearm, black powder rifle, black powder shotgun, or

muzzle-loading firearm that is in plain sight or is discovered pursuant

to a consensual or other lawful search;

(2) shall take temporary custody of any firearm, rifle, electronic

dart gun, electronic stun gun, disguised gun, imitation weapon, shotgun,

antique firearm, black powder rifle, black powder shotgun, or

muzzle-loading firearm that is in the possession of any person arrested

for the commission of a family offense or suspected of its commission;

and

(3) shall take temporary custody of any firearm, rifle, electronic

dart gun, electronic stun gun, disguised gun, imitation weapon, shotgun,

antique firearm, black powder rifle, black powder shotgun, or

muzzle-loading firearm that is in plain sight or is discovered pursuant

to a consensual or other lawful search if any one of the following

circumstances is present:

A. the victim responds in the affirmative to the suspect threats

questions in the victim interview section in the prior history section

of the New York state standardized domestic incident report (DIR) form;

or

B. the victim responds in the affirmative to any of the lethality

assessment questions in the prior history section of the New York state

standardized domestic incident report (DIR) form; or

C. any responding officer has a reasonable belief that it is necessary

to remove such weapon to protect the victim or other persons present, or

to prevent risk of further violence or threat.

(ii) An officer who takes custody of any weapon pursuant to this

paragraph shall also take custody of any license to carry, possess,

repair, and dispose of such weapon issued to the person arrested or

suspected of such family offense. The officer shall deliver such weapon

and/or license to the appropriate law enforcement officer as provided in

subparagraph (f) of paragraph one of subdivision a of section 265.20 of

the penal law.

(b) Upon taking custody of weapons or a license described in paragraph

(a) of this subdivision, the responding officer shall give the owner or

person in possession of such weapons or license a receipt describing

such weapons and/or license and indicating any identification or serial

number on such weapons. Such receipt shall indicate where the weapons

and/or license can be recovered and describe the process for recovery

provided in paragraph (e) of this subdivision.

(c) Not less than one hundred twenty hours after effecting such

seizure, and in the absence of (i) an order of protection, an extreme

risk protection order, or other court order prohibiting the owner from

possessing such a weapon and/or license, or (ii) a pending criminal

charge or conviction which prohibits such owner from possessing such a

weapon and/or license, and upon a written finding that there is no legal

impediment to the owner's possession of such a weapon and/or license,

the court or, if no court is involved, licensing authority or custodian

of the weapon shall direct return of a weapon not otherwise disposed of

in accordance with subdivision one of section 400.05 of the penal law

and/or such license taken into custody pursuant to this section.

(d) If any other person demonstrates that such person is the lawful

owner of any weapon taken into custody pursuant to this section, and

provided that the court or, if no court is involved, licensing authority

or custodian of the weapon has made a written finding that there is no

legal impediment to the person's possession of such a weapon, such

court, licensing authority or custodian of the weapon, as the case may

be, shall direct that such weapon be returned to such lawful owner.

(e) All weapons in the possession of a law enforcement official

pursuant to this section shall be subject to the provisions of

applicable law, including but not limited to subdivision six of section

400.05 of the penal law; provided, however, that any such weapon shall

be retained and not disposed of by the law enforcement agency for at

least two years unless legally transferred by the owner to an individual

permitted by law to own and possess such weapon.

Arrest without a warrant; when and how made by police officer.

1. A police officer may arrest a person for an offense, pursuant to

section 140.10, at any hour of any day or night.

2. The arresting police officer must inform such person of his

authority and purpose and of the reason for such arrest unless he

encounters physical resistance, flight or other factors rendering such

procedure impractical.

3. In order to effect such an arrest, such police officer may use

such physical force as is justifiable pursuant to section 35.30 of the

penal law.

4. In order to effect such an arrest, a police officer may enter

premises in which he reasonably believes such person to be present,

under the same circumstances and in the same manner as would be

authorized, by the provisions of subdivisions four and five of section

120.80, if he were attempting to make such arrest pursuant to a warrant

of arrest.

Child-sensitive arrests.

A state or local law enforcement officer who arrests an individual

legally charged with the care or custody of a child less than eighteen

years old shall, to the extent practicable, at the time of the arrest

take appropriate action that is conducive to the child's safety and/or

security and is consistent with the policies and procedures established

pursuant to section two hundred fourteen-i or paragraph (f-2) of

subdivision three of section eight hundred forty of the executive law as

applicable.

Arrest without a warrant; procedure after arrest by police

officer.

1. Upon arresting a person without a warrant, a police officer, after

performing without unnecessary delay all recording, fingerprinting and

other preliminary police duties required in the particular case, must

except as otherwise provided in this section, without unnecessary delay

bring the arrested person or cause him to be brought before a local

criminal court and file therewith an appropriate accusatory instrument

charging him with the offense or offenses in question. The arrested

person must be brought to the particular local criminal court, or to one

of them if there be more than one, designated in section 100.55 as an

appropriate court for commencement of the particular action; except

that:

(a) If the arrest is for an offense other than a class A, B, C or D

felony or a violation of section 130.25, former section 130.40, section

205.10, 205.17, 205.19 or 215.56 of the penal law committed in a town,

but not in a village thereof having a village court, and the town court

of such town is not available at the time, the arrested person may be

brought before the local criminal court of any village within such town

or, any adjoining town, village embraced in whole or in part by such

adjoining town, or city of the same county; and

(b) If the arrest is for an offense other than a class A, B, C or D

felony or a violation of section 130.25, former section 130.40, section

205.10, 205.17, 205.19 or 215.56 of the penal law committed in a village

having a village court and such court is not available at the time, the

arrested person may be brought before the town court of the town

embracing such village or any other village court within such town, or,

if such town or village court is not available either, before the local

criminal court of any adjoining town, village embraced in whole or in

part by such adjoining town, or city of the same county; and

(c) If the arrest is for an offense committed in a city, and the city

court thereof is not available at the time, the arrested person may be

brought before the local criminal court of any adjoining town or

village, or village court embraced by an adjoining town, within the same

county as such city; and

(d) If the arrest is for a traffic infraction or for a misdemeanor

relating to traffic, the police officer may, instead of bringing the

arrested person before the local criminal court of the political

subdivision or locality in which the offense was allegedly committed,

bring him or her before the local criminal court of the same county

nearest available by highway travel to the point of arrest; and

(e) Notwithstanding any other provision of this section, where a local

criminal court in the county in which the defendant is arrested is

operating an off-hours arraignment part designated in accordance with

paragraph (w) of subdivision one of section two hundred twelve of the

judiciary law at the time of defendant's arrest, the arrested person may

be brought before such local criminal court.

2. If the arrest is for an offense other than a class A, B, C or D

felony or a violation of section 130.25, former section 130.40, section

205.10, 205.17, 205.19 or 215.56 of the penal law, or other than where

an arrest is required to be made pursuant to subdivision four of section

140.10 of this article, the arrested person need not be brought before a

local criminal court as provided in subdivision one, and the procedure

may instead be as follows:

(a) A police officer may issue and serve an appearance ticket upon the

arrested person and release him from custody, as prescribed in

subdivision two of section 150.20 of this title; or

(b) The desk officer in charge at a police station, county jail or

police headquarters, or any of his superior officers, may, in such place

fix pre-arraignment bail and, upon deposit thereof, issue and serve an

appearance ticket upon the arrested person and release him from custody.

3. Other than where an arrest is required to be made pursuant to

subdivision four of section 140.10 of this article, if (a) the arrest is

for an offense other than a class A, B, C or D felony or a violation of

section 130.25, former section 130.40, section 205.10, 205.17, 205.19 or

215.56 of the penal law, and (b) owing to unavailability of a local

criminal court the arresting police officer is unable to bring the

arrested person before such a court with reasonable promptness, either

an appearance ticket must be served unconditionally upon the arrested

person or pre-arraignment bail must be fixed, as prescribed in

subdivision two. If pre-arraignment bail is fixed but not posted, such

arrested person may be temporarily held in custody but must be brought

before a local criminal court without unnecessary delay. Nothing

contained in this subdivision requires a police officer to serve an

appearance ticket upon an arrested person or release him from custody at

a time when such person appears to be under the influence of alcohol,

narcotics or other drug to the degree that he may endanger himself or

other persons.

4. If after arresting a person, for any offense, a police officer upon

further investigation or inquiry determines or is satisfied that there

is not reasonable cause to believe that the arrested person committed

such offense or any other offense based upon the conduct in question, he

need not follow any of the procedures prescribed in subdivisions one,

two and three, but must immediately release such person from custody.

5. Before service of an appearance ticket upon an arrested person

pursuant to subdivision two or three, the issuing police officer must,

if the offense designated in such appearance ticket is one of those

specified in subdivision one of section 160.10, cause such person to be

fingerprinted in the same manner as would be required were no appearance

ticket to be issued or served.

6. Upon arresting a juvenile offender or a person sixteen or

commencing October first, two thousand nineteen, seventeen years of age

without a warrant, the police officer shall immediately notify the

parent or other person legally responsible for his or her care or the

person with whom he or she is domiciled, that such offender or person

has been arrested, and the location of the facility where he or she is

being detained. If the officer determines that it is necessary to

question a juvenile offender or such person, the officer must take him

or her to a facility designated by the chief administrator of the courts

as a suitable place for the questioning of children or, upon the consent

of a parent or other person legally responsible for the care of the

juvenile or such person, to his or her residence and there question him

or her for a reasonable period of time. A juvenile or such person shall

not be questioned pursuant to this section unless he or she and a person

required to be notified pursuant to this subdivision, if present, have

been advised:

(a) of the juvenile offender's or such person's right to remain

silent;

(b) that the statements made by him or her may be used in a court of

law;

(c) of his or her right to have an attorney present at such

questioning; and

(d) of his or her right to have an attorney provided for him or her

without charge if he or she is unable to afford counsel.

In determining the suitability of questioning and determining the

reasonable period of time for questioning such a juvenile offender or

person, his or her age, the presence or absence of his or her parents or

other persons legally responsible for his or her care and notification

pursuant to this subdivision shall be included among relevant

considerations.

7. Upon arresting a person, other than a juvenile offender, for any

offense without a warrant, a police officer shall, upon the arrested

person's request, permit him or her to communicate by telephone provided

by the law enforcement facility where the defendant is held to a phone

number located in the United States or Puerto Rico, for the purposes of

obtaining counsel and informing a relative or friend that he or she has

been arrested, unless granting the call will compromise an ongoing

investigation or the prosecution of the defendant.

8. If the arrest is for a juvenile offender or adolescent offender

other than an arrest for a violation or a traffic infraction, such

offender shall be brought before the youth part of the superior court.

If the youth part is not in session, such offender shall be brought

before the most accessible magistrate designated by the appellate

division of the supreme court in the applicable department to act as a

youth part.

Arrest without a warrant; by peace officer.

1. A peace officer, acting pursuant to his special duties, may arrest

a person for:

(a) Any offense when he has reasonable cause to believe that such

person has committed such offense in his presence; and

(b) A crime when he has reasonable cause to believe that such person

has committed such crime, whether in his presence or otherwise.

2. A peace officer acts "pursuant to his special duties" in making an

arrest only when the arrest is for:

(a) An offense defined by a statute which such peace officer, by

reason of the specialized nature of his particular employment or by

express provision of law, is required or authorized to enforce; or

(b) An offense committed or reasonably believed by him to have been

committed in such manner or place as to render arrest of the offender by

such peace officer under the particular circumstances an integral part

of his specialized duties.

3. A peace officer, whether or not he is acting pursuant to his

special duties, may arrest a person for an offense committed or believed

by him to have been committed within the geographical area of such peace

officer's employment, as follows:

(a) He may arrest such person for any offense when such person has in

fact committed such offense in his presence; and

(b) He may arrest such person for a felony when he has reasonable

cause to believe that such person has committed such felony, whether in

his presence or otherwise.

4. A peace officer, when outside the geographical area of his

employment, may, anywhere in the state, arrest a person for a felony

when he has reasonable cause to believe that such person has there

committed such felony in his presence, provided that such arrest is made

during or immediately after the allegedly criminal conduct or during the

alleged perpetrator's immediate flight therefrom.

5. For the purposes of this section, the "geographical area of

employment" of a peace officer is as follows:

(a) The "geographical area of employment" of any peace officer

employed as such by any agency of the state consists of the entire

state;

(b) The "geographical area of employment" of any peace officer

employed as such by an agency of a county, city, town or village

consists of (i) such county, city, town or village, as the case may be,

and (ii) any other place where he is, at a particular time, acting in

the course of his particular duties or employment;

(c) The "geographical area of employment" of any peace officer

employed as such by any private organization consists of any place in

the state where he is, at a particular time, acting in the course of his

particular duties or employment.

Arrest without a warrant; when and how made; procedure after

arrest by peace officer.

1. The rules governing the manner in which a peace officer may make an

arrest, pursuant to section 140.25, are the same as those governing

arrests by police officers, as prescribed in section 140.15.

2. Upon arresting a person without a warrant, a peace officer, except

as otherwise provided in subdivision three or three-a, must without

unnecessary delay bring him or cause him to be brought before a local

criminal court, as provided in section 100.55 and subdivision one of

section 140.20, and must without unnecessary delay file or cause to be

filed therewith an appropriate accusatory instrument. If the offense

which is the subject of the arrest is one of those specified in

subdivision one of section 160.10, the arrested person must be

fingerprinted and photographed as therein provided. In order to execute

the required post-arrest functions, such arresting peace officer may

perform such functions himself or he may enlist the aid of a police

officer for the performance thereof in the manner provided in

subdivision one of section 140.20.

3. If (a) the arrest is for an offense other than a class A, B, C or D

felony or a violation of section 130.25, former section 130.40, section

205.10, 205.17, 205.19 or 215.56 of the penal law and (b) owing to

unavailability of a local criminal court such peace officer is unable to

bring or cause the arrested person to be brought before such a court

with reasonable promptness, the arrested person must be brought to an

appropriate police station, county jail or police headquarters where he

must be dealt with in the manner prescribed in subdivision three of

section 140.20, as if he had been arrested by a police officer.

3-a. If the arrest is for a juvenile offender or adolescent offender

other than an arrest for violations or traffic infractions, such

offender shall be brought before the youth part of the superior court.

If the youth part is not in session, such offender shall be brought

before the most accessible magistrate designated by the appellate

division of the supreme court in the applicable department to act as a

youth part.

4. If the arrest is for an offense other than a class A, B, C or D

felony or a violation of section 130.25, former section 130.40, section

205.10, 205.17, 205.19 or 215.56 of the penal law, the arrested person

need not be brought before a local criminal court as provided in

subdivision two, and the procedure may instead be as follows:

(a) The arresting peace officer, where he is specially authorized by

law to issue and serve an appearance ticket, may issue and serve an

appearance ticket upon the arrested person and release him from custody;

or

(b) The arresting peace officer, where he is not specially authorized

by law to issue and serve an appearance ticket, may enlist the aid of a

police officer and request that such officer issue and serve an

appearance ticket upon the arrested person, and upon such issuance and

service the latter must be released from custody.

5. Upon arresting a juvenile offender or a person sixteen or

commencing October first, two thousand nineteen, seventeen years of age

without a warrant, the peace officer shall immediately notify the parent

or other person legally responsible for his or her care or the person

with whom he or she is domiciled, that such offender or person has been

arrested, and the location of the facility where he or she is being

detained. If the officer determines that it is necessary to question a

juvenile offender or such person, the officer must take him or her to a

facility designated by the chief administrator of the courts as a

suitable place for the questioning of children or, upon the consent of a

parent or other person legally responsible for the care of a juvenile

offender or such person, to his or her residence and there question him

or her for a reasonable period of time. A juvenile offender or such

person shall not be questioned pursuant to this section unless the

juvenile offender or such person and a person required to be notified

pursuant to this subdivision, if present, have been advised:

(a) of his or her right to remain silent;

(b) that the statements made by the juvenile offender or such person

may be used in a court of law;

(c) of his or her right to have an attorney present at such

questioning; and

(d) of his or her right to have an attorney provided for him or her

without charge if he or she is unable to afford counsel.

In determining the suitability of questioning and determining the

reasonable period of time for questioning such a juvenile offender or

such person, his or her age, the presence or absence of his or her

parents or other persons legally responsible for his or her care and

notification pursuant to this subdivision shall be included among

relevant considerations.

Arrest without a warrant; by any person; when and where

authorized.

1. Subject to the provisions of subdivision two, any person may

arrest another person (a) for a felony when the latter has in fact

committed such felony, and (b) for any offense when the latter has in

fact committed such offense in his presence.

2. Such an arrest, if for a felony, may be made anywhere in the

state. If the arrest is for an offense other than a felony, it may be

made only in the county in which such offense was committed.

Arrest without a warrant; by person acting other than as a

police officer or a peace officer; when and how made.

1. A person may arrest another person for an offense pursuant to

section 140.30 at any hour of any day or night.

2. Such person must inform the person whom he is arresting of the

reason for such arrest unless he encounters physical resistance, flight

or other factors rendering such procedure impractical.

3. In order to effect such an arrest, such person may use such

physical force as is justifiable pursuant to subdivision four of section

35.30 of the penal law.

Arrest without a warrant; by person acting other than as a

police officer or a peace officer; procedure after arrest.

1. A person making an arrest pursuant to section 140.30 must without

unnecessary delay deliver or attempt to deliver the person arrested to

the custody of an appropriate police officer, as defined in subdivision

five. For such purpose, he may solicit the aid of any police officer and

the latter, if he is not himself an appropriate police officer, must

assist in delivering the arrested person to an appropriate officer. If

the arrest is for a felony, the appropriate police officer must, upon

receiving custody of the arrested person, perform all recording,

fingerprinting and other preliminary police duties required in the

particular case. In any case, the appropriate police officer, upon

receiving custody of the arrested person, except as otherwise provided

in subdivisions two and three, must bring him, on behalf of the

arresting person, before an appropriate local criminal court, as defined

in subdivision five, and the arresting person must without unnecessary

delay file an appropriate accusatory instrument with such court.

2. If (a) the arrest is for an offense other than a class A, B, C or D

felony or a violation of section 130.25, former section 130.40, section

205.10, 205.17, 205.19 or 215.56 of the penal law and (b) owing to

unavailability of a local criminal court the appropriate police officer

having custody of the arrested person is unable to bring him before such

a court with reasonable promptness, the arrested person must be dealt

with in the manner prescribed in subdivision three of section 140.20, as

if he had been arrested by a police officer.

3. If the arrest is for an offense other than a class A, B, C or D

felony or a violation of section 130.25, former section 130.40, section

205.10, 205.17, 205.19 or 215.56 of the penal law, the arrested person

need not be brought before a local criminal court, as provided in

subdivision one, and the procedure may instead be as follows:

(a) An appropriate police officer may issue and serve an appearance

ticket upon the arrested person and release him from custody, as

prescribed in subdivision two of section 150.20; or

(b) The desk officer in charge at the appropriate police officer's

station, county jail or police headquarters, or any of his superior

officers, may, in such place, fix pre-arraignment bail and, upon deposit

thereof, issue and serve an appearance ticket upon the arrested person

and release him from custody, as prescribed in section 150.30.

4. Notwithstanding any other provision of this section, a police

officer is not required to take an arrested person into custody or to

take any other action prescribed in this section on behalf of the

arresting person if he has reasonable cause to believe that the arrested

person did not commit the alleged offense or that the arrest was

otherwise unauthorized.

5. If a police officer takes an arrested juvenile offender or a person

sixteen or commencing October first, two thosuand nineteen, seventeen

years of age into custody, the police officer shall immediately notify

the parent or other person legally responsible for his or her care or

the person with whom he or she is domiciled, that such offender or

person has been arrested, and the location of the facility where he or

she is being detained. If the officer determines that it is necessary to

question a juvenile offender or such person the officer must take him or

her to a facility designated by the chief administrator of the courts as

a suitable place for the questioning of children or, upon the consent of

a parent or other person legally responsible for the care of the

juvenile offender or such person, to his or her residence and there

question him or her for a reasonable period of time. A juvenile offender

or such person shall not be questioned pursuant to this section unless

he or she and a person required to be notified pursuant to this

subdivision, if present, have been advised:

(a) of his or her right to remain silent;

(b) that the statements made by the juvenile offender or such person

may be used in a court of law;

(c) of his or her right to have an attorney present at such

questioning; and

(d) of his or her right to have an attorney provided for him or her

without charge if he or she is unable to afford counsel.

In determining the suitability of questioning and determining the

reasonable period of time for questioning such a juvenile offender or

such person, his or her age, the presence or absence of his or her

parents or other persons legally responsible for his or her care and

notification pursuant to this subdivision shall be included among

relevant considerations.

6. As used in this section:

(a) An "appropriate police officer" means one who would himself be

authorized to make the arrest in question as a police officer pursuant

to section 140.10;

(b) An "appropriate local criminal court" means one with which an

accusatory instrument charging the offense in question may properly be

filed pursuant to the provisions of section 100.55.

Arrest without a warrant; dismissal of insufficient local

criminal court accusatory instrument.

If a local criminal court accusatory instrument filed with a local

criminal court pursuant to section 140.20, 140.25 or 140.40 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

and discharge the defendant.

Temporary questioning of persons in public places; search for

weapons.

1. In addition to the authority provided by this article for making an

arrest without a warrant, a police officer may stop a person in a public

place located within the geographical area of such officer's employment

when he reasonably suspects that such person is committing, has

committed or is about to commit either (a) a felony or (b) a misdemeanor

defined in the penal law, and may demand of him his name, address and an

explanation of his conduct.

2. Any person who is a peace officer and who provides security

services for any court of the unified court system may stop a person in

or about the courthouse to which he is assigned when he reasonably

suspects that such person is committing, has committed or is about to

commit either (a) a felony or (b) a misdemeanor defined in the penal

law, and may demand of him his name, address and an explanation of his

conduct.

3. When upon stopping a person under circumstances prescribed in

subdivisions one and two a police officer or court officer, as the case

may be, reasonably suspects that he is in danger of physical injury, he

may search such person for a deadly weapon or any instrument, article or

substance readily capable of causing serious physical injury and of a

sort not ordinarily carried in public places by law-abiding persons. If

he finds such a weapon or instrument, or any other property possession

of which he reasonably believes may constitute the commission of a

crime, he may take it and keep it until the completion of the

questioning, at which time he shall either return it, if lawfully

possessed, or arrest such person.

4. In cities with a population of one million or more, information

that establishes the personal identity of an individual who has been

stopped, questioned and/or frisked by a police officer or peace officer,

such as the name, address or social security number of such person,

shall not be recorded in a computerized or electronic database if that

individual is released without further legal action; provided, however,

that this subdivision shall not prohibit police officers or peace

officers from including in a computerized or electronic database generic

characteristics of an individual, such as race and gender, who has been

stopped, questioned and/or frisked by a police officer or peace officer.

Arrest without a warrant; by peace officers of other states for

offense committed outside state; uniform close pursuit act.

1. As used in this section, the word "state" shall include the

District of Columbia.

2. Any peace officer of another state of the United States, who

enters this state in close pursuit and continues within this state in

such close pursuit of a person in order to arrest him, shall have the

same authority to arrest and hold in custody such person on the ground

that he has committed a crime in another state which is a crime under

the laws of the state of New York, as police officers of this state have

to arrest and hold in custody a person on the ground that he has

committed a crime in this state.

3. If an arrest is made in this state by an officer of another state

in accordance with the provisions of subdivision two, he shall without

unnecessary delay take the person arrested before a local criminal court

which shall conduct a hearing for the sole purpose of determining if the

arrest was in accordance with the provisions of subdivision two, and not

of determining the guilt or innocence of the arrested person. If such

court determines that the arrest was in accordance with such

subdivision, it shall commit the person arrested to the custody of the

officer making the arrest, who shall without unnecessary delay take him

to the state from which he fled. If such court determines that the

arrest was unlawful, it shall discharge the person arrested.

4. This section shall not be construed so as to make unlawful any

arrest in this state which would otherwise be lawful.

5. Upon the taking effect of this section it shall be the duty of the

secretary of state to certify a copy of this section to the executive

department of each of the states of the United States.

6. This section shall apply only to peace officers of a state which

by its laws has made similar provision for the arrest and custody of

persons closely pursued within the territory thereof.

7. If any part of this section is for any reason declared void, it is

declared to be the intent of this section that such invalidity shall not

affect the validity of the remaining portions of this section.

8. This section may be cited as the uniform act on close pursuit.

Appearance ticket; definition, form and content.

1. An appearance ticket is a written notice issued and subscribed by a

police officer or other public servant authorized by state law or local

law enacted pursuant to the provisions of the municipal home rule law to

issue the same, directing a designated person to appear in a designated

local criminal court at a designated future time in connection with his

alleged commission of a designated offense. A notice conforming to such

definition constitutes an appearance ticket regardless of whether it is

referred to in some other provision of law as a summons or by any other

name or title.

2. When an appearance ticket as defined in subdivision one of this

section is issued to a person in conjunction with an offense charged in

a simplified information, said appearance ticket shall contain the

language, set forth in subdivision four of section 100.25, notifying the

defendant of his right to receive a supporting deposition.

3. Before issuing an appearance ticket a police officer or other

public servant must inform the arrestee that they may provide their

contact information for the purposes of receiving a court notification

to remind them of their court appearance date from the court or a

certified pretrial services agency. Such contact information may include

one or more phone numbers, a residential address or address at which the

arrestee receives mail, or an email address. The contact information

shall be recorded and be transmitted to the local criminal court as

required by section 150.80 of this article.

Appearance ticket; when and by whom issuable.

1. (a) Whenever a police officer is authorized pursuant to section

140.10 of this title to arrest a person without a warrant for an offense

other than a class A, B, C or D felony or a violation of section 130.25,

former section 130.40, section 205.10, 205.17, 205.19 or 215.56 of the

penal law, or other than where an arrest is required to be made pursuant

to subdivision four of section 140.10 of this title, the officer shall,

except as set out in paragraph (b) of this subdivision, subject to the

provisions of subdivisions three and four of section 150.40 of this

title, instead issue to and serve upon such person an appearance ticket.

(b) An officer is not required to issue an appearance ticket if:

(i) the person has one or more outstanding local criminal court or

superior court warrants;

(ii) the person has failed to appear in court proceedings in the last

two years;

(iii) the person has been given a reasonable opportunity to make their

verifiable identity and a method of contact known, and has been unable

or unwilling to do so, so that a custodial arrest is necessary to

subject the individual to the jurisdiction of the court. For the

purposes of this section, an officer may rely on various factors to

determine a person's identity, including but not limited to personal

knowledge of such person, such person's self-identification, or

photographic identification. There is no requirement that a person

present photographic identification in order to be issued an appearance

ticket in lieu of arrest where the person's identity is otherwise

verifiable; however, if offered by such person, an officer shall accept

as evidence of identity the following: a valid driver's license or

non-driver identification card issued by the commissioner of motor

vehicles, the federal government, any United States territory,

commonwealth or possession, the District of Columbia, a state government

or municipal government within the United States or a provincial

government of the dominion of Canada; a valid passport issued by the

United States government or any other country; an identification card

issued by the armed forces of the United States; a public benefit card,

as defined in paragraph (a) of subdivision one of section 158.00 of the

penal law;

(iv) the person is charged with a crime between members of the same

family or household, as defined in subdivision one of section 530.11 of

this chapter;

(v) the person is charged with a crime defined in article 130 of the

penal law;

(vi) it reasonably appears the person should be brought before the

court for consideration of issuance of an order of protection, pursuant

to section 530.13 of this chapter, based on the facts of the crime or

offense that the officer has reasonable cause to believe occurred;

(vii) the person is charged with a crime for which the court may

suspend or revoke his or her driver license;

(viii) it reasonably appears to the officer, based on the observed

behavior of the individual in the present contact with the officer and

facts regarding the person's condition that indicates a sign of distress

to such a degree that the person would face harm without immediate

medical or mental health care, that bringing the person before the court

would be in such person's interest in addressing that need; provided,

however, that before making the arrest, the officer shall make all

reasonable efforts to assist the person in securing appropriate

services;

(ix) the person is eighteen years of age or older and charged with

criminal possession of a weapon on school grounds as defined in section

265.01-a of the penal law;

(x) the person is eighteen years of age or older and charged with a

hate crime as defined in section 485.05 of the penal law; or

(xi) the offense is a qualifying offense pursuant to paragraph (t) of

subdivision four of section 510.10 of this chapter, or pursuant to

paragraph (t) of subdivision four of section 530.40 of this chapter.

2. (a) Whenever, pursuant to section 140.10 of this title, a police

officer has arrested a person without a warrant for an offense other

than a class A, B, C or D felony or a violation of section 130.25,

130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law or other than

where an arrest was required to be made pursuant to subdivision four of

section 140.10 of this title, or (b) whenever a peace officer, who is

not authorized by law to issue an appearance ticket, has arrested a

person for an offense other than a class A, B, C or D felony or a

violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of

the penal law pursuant to section 140.25 of this title, and such peace

officer has requested a police officer to issue and serve upon such

arrested person an appearance ticket pursuant to subdivision four of

section 140.27 of this title, or (c) whenever a person has been arrested

for an offense other than a class A, B, C or D felony or a violation of

section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal

law and such person has been delivered to the custody of an appropriate

police officer pursuant to section 140.40 of this title, such police

officer may, instead of bringing such person before a local criminal

court and promptly filing or causing the arresting peace officer or

arresting person to file a local criminal court accusatory instrument

therewith, issue to and serve upon such person an appearance ticket.

3. A public servant other than a police officer, who is specially

authorized by state law or local law enacted pursuant to the provisions

of the municipal home rule law to issue and serve appearance tickets

with respect to designated offenses other than class A, B, C or D

felonies or violations of section 130.25, 130.40, 205.10, 205.17, 205.19

or 215.56 of the penal law, may in such cases issue and serve upon a

person an appearance ticket when he has reasonable cause to believe that

such person has committed a crime, or has committed a petty offense in

his presence.

Appearance ticket; where returnable; how and where served.

1. An appearance ticket must be made returnable at a date as soon as

possible, but in no event later than twenty days from the date of

issuance; or at the next scheduled session of the appropriate local

criminal court if such session is scheduled to occur more than twenty

days from the date of issuance; or at a later date, with the court's

permission due to enrollment in a pre-arraignment diversion program. The

appearance ticket shall be made returnable in a local criminal court

designated in section 100.55 of this title as one with which an

information for the offense in question may be filed.

2. An appearance ticket, other than one issued for a traffic

infraction relating to parking, must be served personally, except that

an appearance ticket issued for the violation of a local zoning

ordinance or local zoning law, or of a building or sanitation code may

be served in any manner authorized for service under section three

hundred eight of the civil practice law and rules.

3. An appearance ticket may be served anywhere in the county in which

the designated offense was allegedly committed or in any adjoining

county, and may be served elsewhere as prescribed in subdivision four.

4. A police officer may, for the purpose of serving an appearance

ticket upon a person, follow him in continuous close pursuit, commencing

either in the county in which the alleged offense was committed or in an

adjoining county, in and through any county of the state, and may serve

such appearance ticket upon him in any county in which he overtakes him.

Appearance ticket; filing a local criminal court accusatory

instrument; dismissal of insufficient instrument.

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; provided, however, that no separate accusatory

instrument shall be required to be filed for an appearance ticket issued

for a parking infraction which conforms to the requirements set forth in

paragraph (b) of subdivision one of section 1.20 of this chapter.

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.

Appearance ticket; defendant's failure to appear.

If after the service of an appearance ticket and the filing of a local

criminal court accusatory instrument charging the offense designated

therein, the defendant does not appear in the designated local criminal

court at the time such appearance ticket is returnable, the court may

issue a summons or a warrant of arrest based upon the local criminal

court accusatory instrument filed.

Appearance ticket; fingerprinting of defendant.

Upon the arraignment of a defendant who has not been arrested and

whose court attendance has been secured by the issuance and service of

an appearance ticket pursuant to subdivision one of section 150.20, the

court must, if an offense charged in the accusatory instrument is one

specified in subdivision one of section 160.10, direct that the

defendant be fingerprinted by the appropriate police officer or agency,

and that he appear at an appropriate designated time and place for such

purpose.

Appearance ticket; certain cases.

1. The provisions of this section shall apply in any case wherein the

defendant is alleged to have committed an offense defined in section

221.05 of the penal law, and no other offense is alleged,

notwithstanding any provision of this chapter or any other law to the

contrary.

2. Whenever the defendant is arrested without a warrant, an

appearance ticket shall promptly be issued and served upon him, as

provided in this article. The issuance and service of the appearance

ticket may be made conditional upon the posting of pre-arraignment bail

as provided in section 150.30 of this chapter but only if the

appropriate police officer (a) is unable to ascertain the defendant's

identity or residence address; or (b) reasonably suspects that the

identification or residence address given by the defendant is not

accurate; or (c) reasonably suspects that the defendant does not reside

within the state. No warrant of arrest shall be issued unless the

defendant has failed to appear in court as required by the terms of the

appearance ticket or by the court.

Court appearance reminders.

1. A police officer or other public servant who has issued and served

an appearance ticket must, within twenty-four hours of issuance, file or

cause to be filed with the local criminal court the appearance ticket

and any contact information made available pursuant to subdivision three

of section 150.10 of this article.

2. Upon receipt of the appearance ticket and any contact information

made available pursuant to subdivision three of section 150.10 of this

article, the local criminal court shall issue a court appearance

reminder and notify the arrestee of their court appearances by text

message, telephone call, electronic mail, or first class mail. The local

criminal court may partner with a certified pretrial services agency or

agencies in that county to provide such notification and shall include a

copy of the appearance ticket.

3. A local criminal court is not required to issue a court appearance

reminder if the appearance ticket requires the arrestee's appearance

within seventy-two hours of its issuance, or no contact information has

been provided.

Fingerprinting; duties of police with respect thereto.

1. Following an arrest, or following the arraignment upon a local

criminal court accusatory instrument of a defendant whose court

attendance has been secured by a summons or an appearance ticket under

circumstances described in sections 130.60 and 150.70, the arresting or

other appropriate police officer or agency must take or cause to be

taken fingerprints of the arrested person or defendant if an offense

which is the subject of the arrest or which is charged in the accusatory

instrument filed is:

(a) A felony; or

(b) A misdemeanor defined in the penal law; or

(c) A misdemeanor defined outside the penal law which would constitute

a felony if such person had a previous judgment of conviction for a

crime.

2. In addition, a police officer who makes an arrest for any offense,

either with or without a warrant, may take or cause to be taken the

fingerprints of the arrested person if such police officer:

(a) Is unable to ascertain such person's identity; or

(b) Reasonably suspects that the identification given by such person

is not accurate; or

(c) Reasonably suspects that such person is being sought by law

enforcement officials for the commission of some other offense.

3. Whenever fingerprints are required to be taken pursuant to

subdivision one or permitted to be taken pursuant to subdivision two,

the photograph and palmprints of the arrested person or the defendant,

as the case may be, may also be taken.

4. The taking of fingerprints as prescribed in this section and the

submission of available information concerning the arrested person or

the defendant and the facts and circumstances of the crime charged must

be in accordance with the standards established by the commissioner of

the division of criminal justice services.

Fingerprinting; forwarding of fingerprints.

Upon the taking of fingerprints of an arrested person or defendant as

prescribed in section 160.10, the appropriate police officer or agency

must without unnecessary delay forward two copies of such fingerprints

to the division of criminal justice services.

Fingerprinting; duties of division of criminal justice

services.

1. Upon receiving fingerprints from a police officer or agency

pursuant to section 160.20 of this chapter, the division of criminal

justice services must, except as provided in subdivision two of this

section, classify them and search its records for information concerning

a previous record of the defendant, including any adjudication as a

juvenile delinquent pursuant to article three of the family court act,

or as a youthful offender pursuant to article seven hundred twenty of

this chapter, and promptly transmit to such forwarding police officer or

agency a report containing all information on file with respect to such

defendant's previous record, if any, or stating that the defendant has

no previous record according to its files. Such a report, if certified,

constitutes presumptive evidence of the facts so certified.

2. If the fingerprints so received are not sufficiently legible to

permit accurate and complete classification, they must be returned to

the forwarding police officer or agency with an explanation of the

defects and a request that the defendant's fingerprints be retaken if

possible.

Fingerprinting; transmission of report received by police.

1. Upon receipt of a report of the division of criminal justice

services as provided in section 160.30, the recipient police officer or

agency must promptly transmit such report or a copy thereof to the

district attorney of the county and two copies thereof to the court in

which the action is pending.

2. Upon receipt of such report the court shall furnish a copy thereof

to counsel for the defendant or, if the defendant is not represented by

counsel, to the defendant.

Polygraph tests; prohibition against.

1. No district attorney, police officer or employee of any law

enforcement agency shall request or require any victim of a sexual

assault crime to submit to any polygraph test or psychological stress

evaluator examination.

2. As used in this section, "victim of a sexual assault crime" means

any person alleged to have sustained an offense under article one

hundred thirty or section 255.25, 255.26 or 255.27 of the penal law.

Order upon termination of criminal action in favor of the

accused.

1. Upon the termination of a criminal action or proceeding against a

person in favor of such person, as defined in subdivision three of this

section, unless the district attorney upon motion with not less than

five days notice to such person or his or her attorney demonstrates to

the satisfaction of the court that the interests of justice require

otherwise, or the court on its own motion with not less than five days

notice to such person or his or her attorney determines that the

interests of justice require otherwise and states the reasons for such

determination on the record, the record of such action or proceeding

shall be sealed and the clerk of the court wherein such criminal action

or proceeding was terminated shall immediately notify the commissioner

of the division of criminal justice services and the heads of all

appropriate police departments and other law enforcement agencies that

the action has been terminated in favor of the accused, and unless the

court has directed otherwise, that the record of such action or

proceeding shall be sealed. Upon receipt of notification of such

termination and sealing:

(a) every photograph of such person and photographic plate or proof,

and all palmprints and fingerprints taken or made of such person

pursuant to the provisions of this article in regard to the action or

proceeding terminated, except a dismissal pursuant to section 170.56 or

210.46 of this chapter, and all duplicates and copies thereof, except a

digital fingerprint image where authorized pursuant to paragraph (e) of

this subdivision, shall forthwith be, at the discretion of the recipient

agency, either destroyed or returned to such person, or to the attorney

who represented such person at the time of the termination of the action

or proceeding, at the address given by such person or attorney during

the action or proceeding, by the division of criminal justice services

and by any police department or law enforcement agency having any such

photograph, photographic plate or proof, palmprint or fingerprints in

its possession or under its control;

(b) any police department or law enforcement agency, including the

division of criminal justice services, which transmitted or otherwise

forwarded to any agency of the United States or of any other state or of

any other jurisdiction outside the state of New York copies of any such

photographs, photographic plates or proofs, palmprints and fingerprints,

including those relating to actions or proceedings which were dismissed

pursuant to section 170.56 or 210.46 of this chapter, shall forthwith

formally request in writing that all such copies be destroyed or

returned to the police department or law enforcement agency which

transmitted or forwarded them, and, if returned, such department or

agency shall, at its discretion, either destroy or return them as

provided herein, except that those relating to dismissals pursuant to

section 170.56 or 210.46 of this chapter shall not be destroyed or

returned by such department or agency;

(c) all official records and papers, including judgments and orders of

a court but not including published court decisions or opinions or

records and briefs on appeal, relating to the arrest or prosecution,

including all duplicates and copies thereof, on file with the division

of criminal justice services, any court, police agency, or prosecutor's

office shall be sealed and not made available to any person or public or

private agency;

(d) such records shall be made available to the person accused or to

such person's designated agent, and shall be made available to (i) a

prosecutor in any proceeding in which the accused has moved for an order

pursuant to section 170.56 or 210.46 of this chapter, or (ii) a law

enforcement agency upon ex parte motion in any superior court, or in any

district court, city court or the criminal court of the city of New York

provided that such court sealed the record, if such agency demonstrates

to the satisfaction of the court that justice requires that such records

be made available to it, or (iii) any state or local officer or agency

with responsibility for the issuance of licenses to possess guns, when

the accused has made application for such a license, or (iv) the New

York state department of corrections and community supervision when the

accused is on parole supervision as a result of conditional release or a

parole release granted by the New York state board of parole, and the

arrest which is the subject of the inquiry is one which occurred while

the accused was under such supervision, or (v) any prospective employer

of a police officer or peace officer as those terms are defined in

subdivisions thirty-three and thirty-four of section 1.20 of this

chapter, in relation to an application for employment as a police

officer or peace officer; provided, however, that every person who is an

applicant for the position of police officer or peace officer shall be

furnished with a copy of all records obtained under this paragraph and

afforded an opportunity to make an explanation thereto, or (vi) the

probation department responsible for supervision of the accused when the

arrest which is the subject of the inquiry is one which occurred while

the accused was under such supervision; and

(e) where fingerprints subject to the provisions of this section have

been received by the division of criminal justice services and have been

filed by the division as digital images, such images may be retained,

provided that a fingerprint card of the individual is on file with the

division which was not sealed pursuant to this section or section 160.55

of this article.

2. A report of the termination of the action or proceeding in favor of

the accused shall be sufficient notice of sealing to the commissioner of

the division of criminal justice services unless the report also

indicates that the court directed that the record not be sealed in the

interests of justice. Where the court has determined pursuant to

subdivision one of this section that sealing is not in the interest of

justice, the clerk of the court shall include notification of that

determination in any report to such division of the disposition of the

action or proceeding.

3. For the purposes of subdivision one of this section, a criminal

action or proceeding against a person shall be considered terminated in

favor of such person where:

(a) an order dismissing the entire accusatory instrument against such

person pursuant to article four hundred seventy was entered; or

(b) an order to dismiss the entire accusatory instrument against such

person pursuant to section 170.30, 170.50, 170.55, 170.56, 180.70,

210.20, 210.46 or 210.47 of this chapter was entered or deemed entered,

or an order terminating the prosecution against such person was entered

pursuant to section 180.85 of this chapter, and the people have not

appealed from such order or the determination of an appeal or appeals by

the people from such order has been against the people; or

(c) a verdict of complete acquittal was made pursuant to section

330.10 of this chapter; or

(d) a trial order of dismissal of the entire accusatory instrument

against such person pursuant to section 290.10 or 360.40 of this chapter

was entered and the people have not appealed from such order or the

determination of an appeal or appeals by the people from such order has

been against the people; or

(e) an order setting aside a verdict pursuant to section 330.30 or

370.10 of this chapter was entered and the people have not appealed from

such order or the determination of an appeal or appeals by the people

from such order has been against the people and no new trial has been

ordered; or

(f) an order vacating a judgment pursuant to section 440.10 of this

chapter was entered and the people have not appealed from such order or

the determination of an appeal or appeals by the people from such order

has been against the people, and no new trial has been ordered; or

(g) an order of discharge pursuant to article seventy of the civil

practice law and rules was entered on a ground which invalidates the

conviction and the people have not appealed from such order or the

determination of an appeal or appeals by the people from such order has

been against the people; or

(h) where all charges against such person are dismissed pursuant to

section 190.75 of this chapter. In such event, the clerk of the court

which empaneled the grand jury shall serve a certification of such

disposition upon the division of criminal justice services and upon the

appropriate police department or law enforcement agency which upon

receipt thereof, shall comply with the provisions of paragraphs (a),

(b), (c) and (d) of subdivision one of this section in the same manner

as is required thereunder with respect to an order of a court entered

pursuant to said subdivision one; or

(i) prior to the filing of an accusatory instrument in a local

criminal court against such person, the prosecutor elects not to

prosecute such person. In such event, the prosecutor shall serve a

certification of such disposition upon the division of criminal justice

services and upon the appropriate police department or law enforcement

agency which, upon receipt thereof, shall comply with the provisions of

paragraphs (a), (b), (c) and (d) of subdivision one of this section in

the same manner as is required thereunder with respect to an order of a

court entered pursuant to said subdivision one.

(j) following the arrest of such person, the arresting police agency,

prior to the filing of an accusatory instrument in a local criminal

court but subsequent to the forwarding of a copy of the fingerprints of

such person to the division of criminal justice services, elects not to

proceed further. In such event, the head of the arresting police agency

shall serve a certification of such disposition upon the division of

criminal justice services which, upon receipt thereof, shall comply with

the provisions of paragraphs (a), (b), (c) and (d) of subdivision one of

this section in the same manner as is required thereunder with respect

to an order of a court entered pursuant to said subdivision one.

(k) (i) The conviction was for a violation of article two hundred

twenty or section 240.36 of the penal law prior to the effective date of

article two hundred twenty-one of the penal law, and the sole controlled

substance involved was marihuana and the conviction was only for a

misdemeanor and/or violation; or

(ii) the conviction is for an offense defined in section 221.05 or

221.10 of the penal law prior to the effective date of chapter one

hundred thirty-two of the laws of two thousand nineteen; or

(iii) the conviction is for an offense defined in former section

221.05 221.10, 221.15, 221.20, 221.35, or 221.40 of the penal law; or

(iv) the conviction was for an offense defined in section 240.37 of

the penal law; or

(v) the conviction was for a violation of section 220.03 or 220.06 of

the penal law prior to the effective date of the chapter of the laws of

two thousand twenty-one that amended this paragraph, and the sole

controlled substance involved was concentrated cannabis; or

(vi) the conviction was for an offense defined in section 222.10,

222.15, 222.25 or 222.45 of the penal law.

No defendant shall be required or permitted to waive eligibility for

sealing or expungement pursuant to this section as part of a plea of

guilty, sentence or any agreement related to a conviction for a

violation of section 222.10, 222.15, 222.25 or 222.45 of the penal law

and any such waiver shall be deemed void and wholly unenforceable.

(l) An order dismissing an action pursuant to section 215.40 of this

chapter was entered.

4. A person in whose favor a criminal action or proceeding was

terminated, as defined in paragraph (a) through (h) of subdivision two

of this section, prior to the effective date of this section, may upon

motion apply to the court in which such termination occurred, upon not

less than twenty days notice to the district attorney, for an order

granting to such person the relief set forth in subdivision one of this

section, and such order shall be granted unless the district attorney

demonstrates to the satisfaction of the court that the interests of

justice require otherwise. A person in whose favor a criminal action or

proceeding was terminated, as defined in paragraph (i) or (j) of

subdivision two of this section, prior to the effective date of this

section, may apply to the appropriate prosecutor or police agency for a

certification as described in said paragraph (i) or (j) granting to such

person the relief set forth therein, and such certification shall be

granted by such prosecutor or police agency.

5. (a) Expungement of certain marihuana-related records. A conviction

for an offense described in paragraph (k) of subdivision three of this

section shall, on and after the effective date of this paragraph, in

accordance with the provisions of this paragraph, be vacated and

dismissed, and all records of such conviction or convictions and related

to such conviction or convictions shall be expunged, as described in

subdivision forty-five of section 1.20 of this chapter, and the matter

shall be considered terminated in favor of the accused and deemed a

nullity, having been rendered by this paragraph legally invalid. All

such records for an offense described in this paragraph where the

conviction was entered on or before the effective date of the chapter of

the laws of 2019 that amended this paragraph shall be expunged promptly

and, in any event, no later than one year after such effective date.

(b) Duties of certain state officials and law enforcement agencies.

Commencing upon the effective date of this paragraph:

(i) the chief administrator of the courts shall promptly notify the

commissioner of the division of criminal justice services and the heads

of all appropriate police departments, district attorney's offices and

other law enforcement agencies of all convictions that have been vacated

and dismissed pursuant to paragraph (a) of this subdivision and that all

records related to such convictions shall be expunged and the matter

shall be considered terminated in favor of the accused and deemed a

nullity, having been rendered legally invalid. Upon receipt of

notification of such vacatur, dismissal and expungement, all records

relating to such conviction or convictions, or the criminal action or

proceeding, as the case may be, shall be marked as expunged by

conspicuously indicating on the face of the record and on each page or

at the beginning of the digitized file of the record that the record has

been designated as expunged. Upon the written request of the individual

whose case has been expunged or their designated agent, such records

shall be destroyed. Such records and papers shall not be made available

to any person, except the individual whose case has been expunged or

such person's designated agent; and

(ii) where automatic vacatur, dismissal, and expungement, including

record destruction if requested, is required by this subdivision but any

record of the court system in this state has not yet been updated to

reflect same (A) notwithstanding any other provision of law except as

provided in paragraph (d) of subdivision one of this section and

paragraph (e) of subdivision four of section eight hundred thirty-seven

of the executive law: (1) when the division of criminal justice services

conducts a search of its criminal history records, maintained pursuant

to subdivision six of section eight hundred thirty-seven of the

executive law, and returns a report thereon, all references to a

conviction for an offense described in paragraph (k) of subdivision

three of this section shall be excluded from such report; and (2) the

chief administrator of the courts shall develop and promulgate rules as

may be necessary to ensure that no written or electronic report of a

criminal history record search conducted by the office of court

administration contains information relating to a conviction for an

offense described in paragraph (k) of subdivision three of this section;

and (B) where court records relevant to such matter cannot be located or

have been destroyed, and a person or the person's attorney presents to

an appropriate court employee a fingerprint record of the New York state

division of criminal justice services, or a copy of a court disposition

record or other relevant court record, which indicates that a criminal

action or proceeding against such person was terminated by conviction of

an offense described in paragraph (k) of subdivision three of this

section, then promptly, and in any event within thirty days after such

notice to such court employee, the chief administrator of the courts or

his or her designee shall assure that such vacatur, dismissal, and

expungement, including record destruction if requested, have been

completed in accordance with subparagraph (i) of this paragraph.

(c) Vacatur, dismissal and expungement as set forth in this

subdivision is without prejudice to any person or such person's attorney

seeking further relief pursuant to article four hundred forty of this

chapter or any other law. Nothing in this section is intended or shall

be interpreted to diminish or abrogate any right or remedy otherwise

available to any person.

(d) The office of court administration, in conjunction with the

division of criminal justice services, shall develop an affirmative

information campaign and widely disseminate to the public, through its

website, public service announcements and other means, in multiple

languages and through multiple outlets, information concerning the

expungement, vacatur and resentencing of marihuana convictions

established by the chapter of the laws of two thousand nineteen that

added this paragraph, including, but not limited to, the automatic

expungement of certain past convictions, the means by which an

individual may file a motion for vacatur, dismissal and expungement of

certain past convictions, and the impact of such changes on such

person's criminal history records.

Order upon termination of criminal action by conviction for

noncriminal offense; entry of waiver; administrative

findings.

1. Regardless of the class of offense for which a person is initially

charged, upon the termination of a criminal action or proceeding against

a person by the conviction of such person of a traffic infraction or a

violation, other than the violation of operating a motor vehicle while

ability impaired as described in subdivision one of section eleven

hundred ninety-two of the vehicle and traffic law, unless the district

attorney upon motion with not less than five days' notice to such person

or his or her attorney demonstrates to the satisfaction of the court

that the interests of justice require otherwise, or the court on its own

motion with not less than five days' notice to such person or his or her

attorney determines that the interests of justice require otherwise and

states the reasons for such determination on the record, the clerk of

the court wherein such criminal action or proceeding was terminated

shall immediately notify the commissioner of the division of criminal

justice services and the heads of all appropriate police departments and

other law enforcement agencies that the action has been terminated by

such conviction. Upon receipt of notification of such termination:

(a) every photograph of such person and photographic plate or proof,

and all palmprints and fingerprints taken or made of such person

pursuant to the provisions of this article in regard to the action or

proceeding terminated, and all duplicates and copies thereof, except a

digital fingerprint image where authorized pursuant to paragraph (e) of

this subdivision, except for the palmprints and fingerprints concerning

a disposition of harassment in the second degree as defined in section

240.26 of the penal law, committed against a member of the same family

or household as the defendant, as defined in subdivision one of section

530.11 of this chapter, and determined pursuant to subdivision eight-a

of section 170.10 of this title, shall forthwith be, at the discretion

of the recipient agency, either destroyed or returned to such person, or

to the attorney who represented such person at the time of the

termination of the action or proceeding, at the address given by such

person or attorney during the action or proceeding, by the division of

criminal justice services and by any police department or law

enforcement agency having any such photograph, photographic plate or

proof, palmprints or fingerprints in its possession or under its

control;

(b) any police department or law enforcement agency, including the

division of criminal justice services, which transmitted or otherwise

forwarded to any agency of the United States or of any other state or of

any other jurisdiction outside the state of New York copies of any such

photographs, photographic plates or proofs, palmprints and fingerprints,

shall forthwith formally request in writing that all such copies be

destroyed or returned to the police department or law enforcement agency

which transmitted or forwarded them, and upon such return such

department or agency shall, at its discretion, either destroy or return

them as provided herein;

(c) all official records and papers relating to the arrest or

prosecution, including all duplicates and copies thereof, on file with

the division of criminal justice services, police agency, or

prosecutor's office shall be sealed and not made available to any person

or public or private agency;

(d) the records referred to in paragraph (c) of this subdivision shall

be made available to the person accused or to such person's designated

agent, and shall be made available to (i) a prosecutor in any proceeding

in which the accused has moved for an order pursuant to section 170.56

or 210.46 of this chapter, or (ii) a law enforcement agency upon ex

parte motion in any superior court, or in any district court, city court

or the criminal court of the city of New York provided that such court

sealed the record, if such agency demonstrates to the satisfaction of

the court that justice requires that such records be made available to

it, or (iii) any state or local officer or agency with responsibility

for the issuance of licenses to possess guns, when the accused has made

application for such a license, or (iv) the New York state department of

corrections and community supervision when the accused is under parole

supervision as a result of conditional release or parole release granted

by the New York state board of parole and the arrest which is the

subject of the inquiry is one which occurred while the accused was under

such supervision, or (v) the probation department responsible for

supervision of the accused when the arrest which is the subject of the

inquiry is one which occurred while the accused was under such

supervision, or (vi) a police agency, probation department, sheriff's

office, district attorney's office, department of correction of any

municipality and parole department, for law enforcement purposes, upon

arrest in instances in which the individual stands convicted of

harassment in the second degree, as defined in section 240.26 of the

penal law, committed against a member of the same family or household as

the defendant, as defined in subdivision one of section 530.11 of this

chapter, and determined pursuant to subdivision eight-a of section

170.10 of this title; and

(e) where fingerprints subject to the provisions of this section have

been received by the division of criminal justice services and have been

filed by the division as digital images, such images may be retained,

provided that a fingerprint card of the individual is on file with the

division which was not sealed pursuant to this section or section 160.50

of this article.

2. A report of the termination of the action or proceeding by

conviction of a traffic violation or a violation other than the

violation of operating a motor vehicle while ability impaired as

described in subdivision one of section eleven hundred ninety-two of the

vehicle and traffic law, shall be sufficient notice of sealing to the

commissioner of the division of criminal justice services unless the

report also indicates that the court directed that the record not be

sealed in the interests of justice. Where the court has determined

pursuant to subdivision one of this section that sealing is not in the

interests of justice, the clerk of the court shall include notification

of that determination in any report to such division of the disposition

of the action or proceeding. When the defendant has been found guilty of

a violation of harassment in the second degree and it was determined

pursuant to subdivision eight-a of section 170.10 of this title that

such violation was committed against a member of the same family or

household as the defendant, the clerk of the court shall include

notification of that determination in any report to such division of the

disposition of the action or proceeding for purposes of paragraph (a)

and subparagraph (vi) of paragraph (d) of subdivision one of this

section.

3. A person against whom a criminal action or proceeding was

terminated by such person's conviction of a traffic infraction or

violation other than the violation of operating a motor vehicle while

ability impaired as described in subdivision one of section eleven

hundred ninety-two of the vehicle and traffic law, prior to the

effective date of this section, may upon motion apply to the court in

which such termination occurred, upon not less than twenty days notice

to the district attorney, for an order granting to such person the

relief set forth in subdivision one of this section, and such order

shall be granted unless the district attorney demonstrates to the

satisfaction of the court that the interests of justice require

otherwise.

4. This section shall not apply to an action terminated in a manner

described in paragraph (k) of subdivision two of section 160.50 of this

chapter.

5. (a) When a criminal action or proceeding is terminated against a

person by the entry of a waiver of a hearing pursuant to paragraph (c)

of subdivision ten of section eleven hundred ninety-two of the vehicle

and traffic law or section forty-nine-b of the navigation law, the

record of the criminal action shall be sealed in accordance with this

subdivision. Upon the entry of such waiver, the court or the clerk of

the court shall immediately notify the commissioner of the division of

criminal justice services and the heads of all appropriate police

departments and other law enforcement agencies that a waiver has been

entered and that the record of the action shall be sealed when the

person reaches the age of twenty-one or three years from the date of

commission of the offense, whichever is the greater period of time. At

the expiration of such period, the commissioner of the division of

criminal justice services and the heads of all appropriate police

departments and other law enforcement agencies shall take the actions

required by paragraphs (a), (b) and (c) of subdivision one of section

160.50 of this article.

(b) Where a person under the age of twenty-one is referred by the

police to the department of motor vehicles for action pursuant to

section eleven hundred ninety-two-a or eleven hundred ninety-four-a of

the vehicle and traffic law, or section forty-nine-b of the navigation

law and a finding in favor of the motorist or operator is rendered, the

commissioner of the department of motor vehicles shall, as soon as

practicable, but not later than three years from the date of commission

of the offense or when such person reaches the age of twenty-one,

whichever is the greater period of time, notify the commissioner of the

division of criminal justice services and the heads of all appropriate

police departments and other law enforcement agencies that such finding

in favor of the motorist or operator was rendered. Upon receipt of such

notification, the commissioner of the division of criminal justice

services and the heads of such police departments and other law

enforcement agencies shall take the actions required by paragraphs (a),

(b) and (c) of subdivision one of section 160.50 of this article.

(c) Where a person under the age of twenty-one is referred by the

police to the department of motor vehicles for action pursuant to

section eleven hundred ninety-two-a or eleven hundred ninety-four-a of

the vehicle and traffic law, or section forty-nine-b of the navigation

law, and no notification is received by the commissioner of the division

of criminal justice services and the heads of all appropriate police

departments and other law enforcement agencies pursuant to paragraph (b)

of this subdivision, such commissioner of the division of criminal

justice services and such heads of police departments and other law

enforcement agencies shall, after three years from the date of

commission of the offense or when the person reaches the age of

twenty-one, whichever is the greater period of time, take the actions

required by paragraphs (a), (b) and (c) of subdivision one of section

160.50 of this article.

Automatic sealing of convictions.

1. Convictions for certain traffic infractions or a crime defined in

the laws of this state shall be sealed in accordance with this section

as follows:

(a) Convictions for subdivision one of section eleven hundred

ninety-two of the vehicle and traffic law shall be sealed after three

years.

(b) Criminal convictions shall be sealed upon satisfaction of the

following conditions:

(i) for a misdemeanor conviction, at least three years have passed

from the defendant's release from incarceration or the imposition of

sentence if there was no sentence of incarceration. If the defendant is

subsequently convicted of a crime before a prior conviction is sealed

pursuant to this section, the calculation of time for such prior

conviction shall start upon the same date as the time calculation starts

for the subsequent criminal conviction;

(ii) for a felony conviction, at least eight years have passed from

the date the defendant was last released from incarceration for the

sentence of the conviction eligible for sealing or from the imposition

of sentence if there was no sentence of incarceration. A defendant's

detention for an alleged violation of parole or post-release supervision

shall not interfere with the time calculation prescribed herein unless

and until supervision is revoked resulting in the defendant's

reincarceration. If the defendant is subsequently convicted of a crime

before a prior conviction is sealed pursuant to this section, the

calculation of time for such prior conviction shall start upon the same

date as the time calculation starts for the subsequent criminal

conviction;

(iii) the defendant does not have a subsequent criminal charge pending

in this state;

(iv) the defendant is not currently under the supervision of any

probation or parole department for the conviction eligible for sealing;

(v) the conviction is not for an offense defined as a sex offense or

sexually violent offense under section one hundred sixty-eight-a of the

correction law;

(vi) the conviction is not for a class A felony offense defined in the

penal law, other than class A felony offenses defined in article two

hundred twenty of the penal law;

(vii) the defendant is a natural person;

(viii) the defendant does not have a subsequent felony charge pending

in another jurisdiction that is not a felony charge related to

reproductive or gender affirming care or the possession of cannabis

which would not constitute a felony in New York. This subparagraph shall

apply if and when appropriate federal authorities grant access to

records necessary to query to effectuate the purposes of this

subparagraph in an automated manner; and

(ix) the defendant does not have a subsequent felony conviction in

another jurisdiction in the preceding eight years that is not a felony

conviction related to reproductive or gender affirming care or the

possession of cannabis which would not constitute a felony in New York.

This subparagraph shall apply if and when appropriate federal

authorities grant access to records necessary to query to effectuate the

purposes of this subparagraph in an automated manner.

(c) If, after the applicable period of time for the sealing of a

conviction has been satisfied, the conviction remains ineligible for

sealing pursuant to subparagraphs (iii), (iv), (viii) or (ix) of

paragraph (b) of this subdivision, the office of court administration

shall subsequently check for eligibility no less than quarterly and upon

subsequent checks, or the receipt of a form in accordance with paragraph

(dd) of subdivision two of section two hundred twelve of the judiciary

law, the conviction shall be sealed if all other conditions for sealing

under this section are satisfied.

(d) In accordance with all other applicable laws, rules, and

regulations regarding the scope, access, use, disclosure,

confidentiality and retention of criminal history information, records

of convictions sealed pursuant to this section including photographs,

photographic plates or proofs, palmprints, fingerprints or retina scans

shall not be accessed by or made available to any person or public or

private agency, except for:

(i) the defendant and such defendant's counsel;

(ii) any court, defense counsel or prosecutor for the purposes of a

pending criminal proceeding or proceedings brought in a criminal court

pursuant to article six-C of the correction law;

(iii) qualified agencies, as defined in subdivision nine of section

eight hundred thirty-five of the executive law, federal and state law

enforcement agencies, and interstate and international authorities as

defined in subdivision three of section two of the public authorities

law, when acting within the scope of their law enforcement duties;

(iv) the court, prosecutor, and defense counsel if the defendant

becomes a witness in a criminal proceeding;

(v) the court and parties if the defendant becomes a witness or party

in a civil proceeding;

(vi) when an individual is a defendant in a criminal proceeding or

proceedings brought in a criminal court pursuant to article six-C of the

correction law and the sealed records of conviction of a third party are

integral to their defense. In such instances, use of sealed records of

conviction shall be requested upon ex parte motion in any superior

court, or in any district court, city court or the criminal court of the

city of New York provided that such court is where the action is

pending. The applicant must demonstrate to the satisfaction of the court

that the records will be used for the purpose of this subparagraph;

(vii) individuals or entities that are required by a local law in

effect one year prior to the chapter of the laws of two thousand

twenty-three that added this section, a state law, or a federal law or

regulation to request and receive a fingerprint-based check of criminal

history information. Nothing herein shall prohibit the commissioner of

education or the office of school personnel review and accountability

from receiving or using convictions sealed pursuant to this section for

purposes of subdivisions seven, seven-a and seven-b of section three

hundred five of the education law;

(viii) individuals or entities that are authorized by a local law in

effect one year prior to the chapter of the laws of two thousand

twenty-three that added this section, a state law, or a federal law or

regulation to request and receive a fingerprint-based check of criminal

history information in relation to the individual's fitness to have

responsibility for the safety and well-being of children or adolescents,

elderly individuals, individuals with disabilities, or otherwise

vulnerable populations. The division of criminal justice services shall

maintain an up to date list of citations of the local, state, and

federal statutes or federal regulations authorizing the access described

herein;

(ix) any prospective employer of a police officer or peace officer as

those terms are defined in subdivisions thirty-three and thirty-four of

section 1.20 of this chapter, in relation to an application for

employment as a police officer or peace officer, provided, however, that

every person who is an applicant shall be furnished with a copy of all

records obtained under this paragraph and afforded an opportunity to

make an explanation thereto;

(x) any federal, state or local officer or agency with responsibility

for the issuance of licenses to possess a firearm, rifle or shotgun or

with responsibility for conducting background checks before transfer or

sale of a firearm or explosive, when the officer or agency is acting

pursuant to such responsibility. This includes the criminal justice

information services division of the federal bureau of investigation,

for the purposes of responding to queries to the national instant

background check system regarding attempts to purchase or otherwise take

possession of firearms, rifles or shotguns, as defined in 18 U.S.C. §

921 (A)(3);

(xi) for the purposes of civilian investigation or evaluation of a

civilian complaint or civil action concerning law enforcement or

prosecution actions, upon ex parte motion in any superior court, or in

any district court, city court or the criminal court of the city of New

York provided that such court sealed the record; the applicant must

demonstrate to the satisfaction of the court that the records will be

used for the purposes of this subparagraph;

(xii) for information provided to an individual or entity pursuant to

paragraph (e) of subdivision four of section eight hundred thirty-seven

of the executive law or for bona fide research purposes provided all

identifying information is removed;

(xiii) when an individual seeks to avail themselves of a public

program or benefit, including but not limited to an immigration benefit,

for which the sealed records of conviction of a third party are

otherwise authorized by law or legal process to be disclosed in

furtherance of their application for such program or benefit. In such

instances, the individual or their attorney shall request the use of

sealed records pursuant to a form as prescribed by the chief

administrator of the courts pursuant to paragraph (ee) of subdivision

two of section two hundred twelve of the judiciary law;

(xiv) for the purpose of collection of restitution, reparation, fines,

surcharges, or fees imposed. In such instances, use of sealed records

shall be requested upon ex parte motion in any superior court, or in any

district court, city court, town court, village court, or criminal court

of the city of New York provided that such court is where the action is

pending. The applicant must demonstrate to the satisfaction of the court

that the records will be used for the purpose of this subparagraph;

(xv) transportation network companies that are required or authorized

by state law to request criminal history information pursuant to section

sixteen hundred ninety-nine of the vehicle and traffic law;

(xvi) the state education department for the purposes of investigating

professional misconduct as defined in subparagraph (i) of paragraph (a)

of subdivision five of section sixty-five hundred nine of the education

law, consideration of restoration of a professional license pursuant to

section sixty-five hundred eleven of the education law, or

determinations for issuing a license to practice a profession or issuing

certificates and privileges for which prior licensure is required, for

the professions under articles one hundred thirty-one, one hundred

thirty-one-b, one hundred thirty-two, one hundred thirty-three, one

hundred thirty-four, one hundred thirty-five, one hundred thirty-six,

one hundred thirty-seven, one hundred thirty-nine, one hundred forty,

one hundred forty-one, one hundred forty-three, one hundred forty-four,

one hundred forty-five, one hundred forty-seven, one hundred forty-nine,

one hundred fifty-three, one hundred fifty-four, one hundred fifty-five,

one hundred fifty-six, one hundred fifty-seven, one hundred fifty-nine,

one hundred sixty, one hundred sixty-two, one hundred sixty-three, one

hundred sixty-four, and one hundred sixty-seven as such professions are

defined in title eight of the education law, provided that the state

education department certifies to the division of criminal justice

services that it is investigating an individual licensed to practice a

profession pursuant to article one hundred thirty of the education law

for professional misconduct as defined in paragraph (a) of subdivision

five of section sixty-five hundred nine of the education law,

considering restoration of a professional license pursuant to section

sixty-five hundred eleven of the education law, or making a

determination for issuing a license to practice a profession or issuing

certificates and privileges for which prior licensure is required as

appropriate. Provided, further, that the board of regents may consider

any prior conviction that formed the basis of a determination of the

board of regents in a disciplinary proceeding pursuant to section

sixty-five hundred ten of the education law and the rules and

regulations promulgated pursuant thereto in an application for

reconsideration, even if such conviction later becomes sealed pursuant

to this section; and

(xvii) the office of mental health and the office for people with

developmental disabilities, where such agencies are statutorily

authorized to receive such information, provided further, that such

information may also be made available for case review under section

10.05 of the mental hygiene law, as well as to providers licensed,

funded, designated, certified or otherwise authorized by the office of

mental health or the office for people with developmental disabilities,

where such information is included in the clinical record of any person

under the care of or receiving services from such provider or program.

(e) Where the sealing required by this section has not taken place,

including where supporting court records cannot be located or have been

destroyed, and a defendant or their attorney submits a valid form in

accordance with paragraph (dd) of subdivision two of section two hundred

twelve of the judiciary law of such fact to the office of court

administration, such conviction shall be sealed as set forth in this

subdivision within thirty days of the receipt of such form.

(f) The department of corrections and community supervision, in

coordination with the division of criminal justice services, shall

provide the office of court administration with the data necessary to

determine appropriate records to be sealed pursuant to this section,

including but not limited to (i) the date or dates of release from state

incarceration of individuals who have a sentence of incarceration for a

felony conviction, and (ii) the date or dates of initial parole or

post-release supervision and corresponding date or dates of discharge,

as applicable.

(g) The chief administrative officer of each local correctional

facility shall provide the office of court administration with the data

necessary to determine appropriate records to be sealed pursuant to this

section, including but not limited to the date or dates of release of

individuals who have satisfied a definite sentence of imprisonment.

2. Upon the sealing of a conviction pursuant to this section the

office of court administration shall immediately notify the division of

criminal justice services, the court of conviction, county clerks and

the heads of all appropriate police and sheriff departments,

prosecutors' offices and law enforcement agencies that the conviction is

sealed. Upon receipt of such notification, records of or relating to

such conviction shall be immediately sealed as follows:

(a) Every photograph of the defendant and photographic plates or

proof, and all palmprints, fingerprints and retina scans taken or made

of the defendant in regard to the sealed conviction, and all duplicates,

reproductions, and copies thereof, except a digital fingerprint that is

on file with the division of criminal justice services for a conviction

that has not been sealed pursuant to this section, shall be marked as

sealed by any entity notified under this subdivision having any such

photograph, photographic plate or proof, palmprint, fingerprints or

retina scan in its possession or under its control by conspicuously

indicating on the face of the record or at the beginning of the

digitized file of the record that the record has been designated as

sealed.

(b) Every official record and paper and duplicates and copies thereof,

including, but not limited to, judgments and orders of a court but not

including published court decisions or opinions or records and briefs on

appeal, relating to the sealed conviction, on file with the entity

notified under this subdivision shall be marked as sealed by

conspicuously indicating on the face of the record or at the beginning

of the digitized file of the record that the record has been designated

as sealed.

(c) Entities subject to the requirements of this subdivision shall not

use or access such sealed information unless otherwise authorized

pursuant to this section or any other section of law.

(d) Nothing in this section shall be construed to interfere with the

applicable laws, rules and regulations requiring the division of

criminal justice services to administer and maintain criminal history

records as set forth in article thirty-five of the executive law.

3. (a) Nothing in this section requires the sealing or destruction of

DNA information maintained in the New York state DNA database, in

accordance with article forty-nine-B of the executive law, of an

individual whose conviction is sealed under this section.

(b) Nothing in this section requires the sealing or destruction of

records maintained by the department of motor vehicles, and nothing in

this section shall be construed to contravene the vehicle and traffic

law, the federal driver's privacy protection act (18 U.S.C 2721 et.

seq.), the REAL ID Act of 2005 (Public Law 109-13; 49 U.S.C. 30301

note), section 7209 of the Intelligence Reform and Terrorism Prevention

Act of 1986 (49 U.S.C. 31311), the Commercial Motor Vehicle Safety Act

of 1986 (Public Law 99-570; 49 U.S.C. 313), the Motor Carrier Safety

Improvement Act of 1999 (Public Law 106-159), or regulations promulgated

pursuant to any such chapter or act.

(c) The division of criminal justice services is authorized to

disclose a conviction that is sealed pursuant to this section to

entities that are required by federal law, or by rules and regulations

promulgated by a self-regulatory organization created under federal law,

to consider sealed convictions. Such entities must certify to the

division that they are required by federal law, or by rules and

regulations promulgated by a self-regulatory organization that has been

created under federal law, to make an inquiry about or consider records

sealed pursuant to this section for purposes of employment, licensing,

or clearance. To the extent permitted by federal law, a record sealed

pursuant to this section may not be considered a conviction that would

prohibit the employment, licensing or clearance of the defendant.

(d) Nothing in this section shall prohibit entities required by

federal law to consider sealed convictions, or by rules and regulations

promulgated by a self-regulatory organization that has been created

under federal law, from making an inquiry about or considering an

applicant's criminal history for purposes of employment, licensing, or

clearance from inquiring into convictions sealed pursuant to this

section.

(e) In any civil action, an official record of a conviction that has

been sealed pursuant to this section may not be introduced as evidence

of negligence against a person or entity that provided employment,

contract labor or services, volunteer work, licensing, tenancy, a home

purchase, a mortgage, an education, a loan, or insurance if such record

was sealed and was not provided to the person or entity by or on behalf

of a governmental entity in accordance with this section in response to

such person's or entity's authorized and timely request for conviction

history information.

(f) A person or entity described in this subdivision, acting

reasonably and in good faith, may not have a duty to investigate the

fact of a prior conviction that has been sealed pursuant to this

section.

4. No defendant shall be required or permitted to waive eligibility

for sealing pursuant to this section as part of a plea of guilty,

sentence or any agreement related to a conviction for a violation of the

laws of this state. Any such waiver is void and unenforceable.

5. Sealing as set forth in subdivision two of this section is without

prejudice to a defendant or their attorney seeking further relief

pursuant to article four hundred forty of this chapter. Nothing in this

section is intended or shall be interpreted to diminish or abrogate any

rights or remedies otherwise available to the defendant.

6. The office of court administration shall make diligent efforts to

promptly seal all conviction records eligible for sealing under this

section where such convictions were entered on or before the effective

date of this section and, in any event, shall ensure sealing of such

convictions is complete no later than three years after such effective

date.

7. A conviction which is sealed pursuant to this section is included

within the definition of a conviction for the purposes of any criminal

proceeding in which the fact of a prior conviction would enhance a

penalty or is an element of the offense charged.

8. Nothing in this section shall be construed to permit sealing of a

conviction before the expiration or termination of a sentence of

incarceration, parole, probation, or post-release supervision for such

conviction.

9. Nothing in this section shall be construed to affect or invalidate

any active order of protection issued in relation to a conviction sealed

under this section.

10. Nothing in this section shall be construed to require or authorize

the discharge of the requirement to pay any restitution, reparation,

fines, surcharges, or fees imposed for a conviction sealed under this

section or the sealing of a criminal or civil proceeding for the

collection of any such amount due, unless such proceeding is otherwise

eligible for sealing under this section or any other provision of law.

Conditional sealing of certain controlled substance, marihuana

or specified offense convictions.

1. A defendant convicted of any offense defined in article two hundred

twenty or two hundred twenty-one of the penal law or a specified offense

defined in subdivision five of section 410.91 of this chapter who has

successfully completed a judicial diversion program under article two

hundred sixteen of this chapter, or one of the programs heretofore known

as drug treatment alternative to prison or another judicially sanctioned

drug treatment program of similar duration, requirements and level of

supervision, and has completed the sentence imposed for the offense or

offenses, is eligible to have such offense or offenses sealed pursuant

to this section.

2. The court that sentenced the defendant to a judicially sanctioned

drug treatment program may on its own motion, or on the defendant's

motion, order that all official records and papers relating to the

arrest, prosecution and conviction which resulted in the defendant's

participation in the judicially sanctioned drug treatment program be

conditionally sealed. In such case, the court may also conditionally

seal the arrest, prosecution and conviction records for no more than

three of the defendant's prior eligible misdemeanors, which for purposes

of this subdivision shall be limited to misdemeanor offenses defined in

article two hundred twenty or two hundred twenty-one of the penal law.

The court may only seal the records of the defendant's arrests,

prosecutions and convictions when:

(a) the sentencing court has requested and received from the division

of criminal justice services or the Federal Bureau of Investigation a

fingerprint based criminal history record of the defendant, including

any sealed or suppressed information. The division of criminal justice

services shall also include a criminal history report, if any, from the

Federal Bureau of Investigation regarding any criminal history

information that occurred in other jurisdictions. The division is hereby

authorized to receive such information from the Federal Bureau of

Investigation for this purpose. The parties shall be permitted to

examine these records;

(b) the defendant or court has identified the misdemeanor conviction

or convictions for which relief may be granted;

(c) the court has received documentation that the sentences imposed on

the eligible misdemeanor convictions have been completed, or if no such

documentation is reasonably available, a sworn affidavit that the

sentences imposed on the prior misdemeanors have been completed; and

(d) the court has notified the district attorney of each jurisdiction

in which the defendant has been convicted of an offense with respect to

which sealing is sought, and the court or courts of record for such

offenses, that the court is considering sealing the records of the

defendant's eligible misdemeanor convictions. Both the district attorney

and the court shall be given a reasonable opportunity, which shall not

be less than thirty days, in which to comment and submit materials to

aid the court in making such a determination.

3. At the request of the defendant or the district attorney of a

county in which the defendant committed a crime that is the subject of

the sealing application, the court may conduct a hearing to consider and

review any relevant evidence offered by either party that would aid the

court in its decision whether to seal the records of the defendant's

arrests, prosecutions and convictions. In making such a determination,

the court shall consider any relevant factors, including but not limited

to: (i) the circumstances and seriousness of the offense or offenses

that resulted in the conviction or convictions; (ii) the character of

the defendant, including his or her completion of the judicially

sanctioned treatment program as described in subdivision one of this

section; (iii) the defendant's criminal history; and (iv) the impact of

sealing the defendant's records upon his or her rehabilitation and his

or her successful and productive reentry and reintegration into society,

and on public safety.

4. When a court orders sealing pursuant to this section, all official

records and papers relating to the arrests, prosecutions, and

convictions, including all duplicates and copies thereof, on file with

the division of criminal justice services or any court shall be sealed

and not made available to any person or public or private agency;

provided, however, the division shall retain any fingerprints,

palmprints and photographs, or digital images of the same.

5. When the court orders sealing pursuant to this section, the clerk

of such court shall immediately notify the commissioner of the division

of criminal justice services, and any court that sentenced the defendant

for an offense which has been conditionally sealed, regarding the

records that shall be sealed pursuant to this section.

6. Records sealed pursuant to this subdivision shall be made available

to:

(a) the defendant or the defendant's designated agent;

(b) qualified agencies, as defined in subdivision nine of section

eight hundred thirty-five of the executive law, and federal and state

law enforcement agencies, when acting within the scope of their law

enforcement duties; or

(c) any state or local officer or agency with responsibility for the

issuance of licenses to possess guns, when the person has made

application for such a license; or

(d) any prospective employer of a police officer or peace officer as

those terms are defined in subdivisions thirty-three and thirty-four of

section 1.20 of this chapter, in relation to an application for

employment as a police officer or peace officer; provided, however, that

every person who is an applicant for the position of police officer or

peace officer shall be furnished with a copy of all records obtained

under this paragraph and afforded an opportunity to make an explanation

thereto.

7. The court shall not seal the defendant's record pursuant to this

section while any charged offense is pending.

8. If, subsequent to the sealing of records pursuant to this

subdivision, the person who is the subject of such records is arrested

for or formally charged with any misdemeanor or felony offense, such

records shall be unsealed immediately and remain unsealed; provided,

however, that if such new misdemeanor or felony arrest results in a

termination in favor of the accused as defined in subdivision three of

section 160.50 of this article or by conviction for a non criminal

offense as described in section 160.55 of this article, such unsealed

records shall be conditionally sealed pursuant to this section.

Sealing of certain convictions.

1. Definitions: As used in this section, the following terms shall

have the following meanings:

(a) "Eligible offense" shall mean any crime defined in the laws of

this state other than a sex offense defined in article one hundred

thirty of the penal law, an offense defined in article two hundred

sixty-three of the penal law, a felony offense defined in article one

hundred twenty-five of the penal law, a violent felony offense defined

in section 70.02 of the penal law, a class A felony offense defined in

the penal law, a felony offense defined in article one hundred five of

the penal law where the underlying offense is not an eligible offense,

an attempt to commit an offense that is not an eligible offense if the

attempt is a felony, or an offense for which registration as a sex

offender is required pursuant to article six-C of the correction law.

For the purposes of this section, where the defendant is convicted of

more than one eligible offense, committed as part of the same criminal

transaction as defined in subdivision two of section 40.10 of this

chapter, those offenses shall be considered one eligible offense.

(b) "Sentencing judge" shall mean the judge who pronounced sentence

upon the conviction under consideration, or if that judge is no longer

sitting in a court in the jurisdiction in which the conviction was

obtained, any other judge who is sitting in the criminal court where the

judgment of conviction was entered.

1-a. The chief administrator of the courts shall, pursuant to section

10.40 of this chapter, prescribe a form application which may be used by

a defendant to apply for sealing pursuant to this section. Such form

application shall include all the essential elements required by this

section to be included in an application for sealing. Nothing in this

subdivision shall be read to require a defendant to use such form

application to apply for sealing.

2. (a) A defendant who has been convicted of up to two eligible

offenses but not more than one felony offense may apply to the court in

which he or she was convicted of the most serious offense to have such

conviction or convictions sealed. If all offenses are offenses with the

same classification, the application shall be made to the court in which

the defendant was last convicted.

(b) An application shall contain (i) a copy of a certificate of

disposition or other similar documentation for any offense for which the

defendant has been convicted, or an explanation of why such certificate

or other documentation is not available; (ii) a sworn statement of the

defendant as to whether he or she has filed, or then intends to file,

any application for sealing of any other eligible offense; (iii) a copy

of any other such application that has been filed; (iv) a sworn

statement as to the conviction or convictions for which relief is being

sought; and (v) a sworn statement of the reason or reasons why the court

should, in its discretion, grant such sealing, along with any supporting

documentation.

(c) A copy of any application for such sealing shall be served upon

the district attorney of the county in which the conviction, or, if more

than one, the convictions, was or were obtained. The district attorney

shall notify the court within forty-five days if he or she objects to

the application for sealing.

(d) When such application is filed with the court, it shall be

assigned to the sentencing judge unless more than one application is

filed in which case the application shall be assigned to the county

court or the supreme court of the county in which the criminal court is

located, who shall request and receive from the division of criminal

justice services a fingerprint based criminal history record of the

defendant, including any sealed or suppressed records. The division of

criminal justice services also shall include a criminal history report,

if any, from the federal bureau of investigation regarding any criminal

history information that occurred in other jurisdictions. The division

is hereby authorized to receive such information from the federal bureau

of investigation for this purpose, and to make such information

available to the court, which may make this information available to the

district attorney and the defendant.

3. The sentencing judge, or county or supreme court shall summarily

deny the defendant's application when:

(a) the defendant is required to register as a sex offender pursuant

to article six-C of the correction law; or

(b) the defendant has previously obtained sealing of the maximum

number of convictions allowable under section 160.58 of the criminal

procedure law; or

(c) the defendant has previously obtained sealing of the maximum

number of convictions allowable under subdivision four of this section;

or

(d) the time period specified in subdivision five of this section has

not yet been satisfied; or

(e) the defendant has an undisposed arrest or charge pending; or

(f) the defendant was convicted of any crime after the date of the

entry of judgement of the last conviction for which sealing is sought;

or

(g) the defendant has failed to provide the court with the required

sworn statement of the reasons why the court should grant the relief

requested; or

(h) the defendant has been convicted of two or more felonies or more

than two crimes.

4. Provided that the application is not summarily denied for the

reasons set forth in subdivision three of this section, a defendant who

stands convicted of up to two eligible offenses, may obtain sealing of

no more than two eligible offenses but not more than one felony offense.

5. Any eligible offense may be sealed only after at least ten years

have passed since the imposition of the sentence on the defendant's

latest conviction or, if the defendant was sentenced to a period of

incarceration, including a period of incarceration imposed in

conjunction with a sentence of probation, the defendant's latest release

from incarceration. In calculating the ten year period under this

subdivision, any period of time the defendant spent incarcerated after

the conviction for which the application for sealing is sought, shall be

excluded and such ten year period shall be extended by a period or

periods equal to the time served under such incarceration.

6. Upon determining that the application is not subject to mandatory

denial pursuant to subdivision three of this section and that the

application is opposed by the district attorney, the sentencing judge or

county or supreme court shall conduct a hearing on the application in

order to consider any evidence offered by either party that would aid

the sentencing judge in his or her decision whether to seal the records

of the defendant's convictions. No hearing is required if the district

attorney does not oppose the application.

7. In considering any such application, the sentencing judge or county

or supreme court shall consider any relevant factors, including but not

limited to:

(a) the amount of time that has elapsed since the defendant's last

conviction;

(b) the circumstances and seriousness of the offense for which the

defendant is seeking relief, including whether the arrest charge was not

an eligible offense;

(c) the circumstances and seriousness of any other offenses for which

the defendant stands convicted;

(d) the character of the defendant, including any measures that the

defendant has taken toward rehabilitation, such as participating in

treatment programs, work, or schooling, and participating in community

service or other volunteer programs;

(e) any statements made by the victim of the offense for which the

defendant is seeking relief;

(f) the impact of sealing the defendant's record upon his or her

rehabilitation and upon his or her successful and productive reentry and

reintegration into society; and

(g) the impact of sealing the defendant's record on public safety and

upon the public's confidence in and respect for the law.

8. When a sentencing judge or county or supreme court orders sealing

pursuant to this section, all official records and papers relating to

the arrests, prosecutions, and convictions, including all duplicates and

copies thereof, on file with the division of criminal justice services

or any court shall be sealed and not made available to any person or

public or private agency except as provided for in subdivision nine of

this section; provided, however, the division shall retain any

fingerprints, palmprints and photographs, or digital images of the same.

The clerk of such court shall immediately notify the commissioner of the

division of criminal justice services regarding the records that shall

be sealed pursuant to this section. The clerk also shall notify any

court in which the defendant has stated, pursuant to paragraph (b) of

subdivision two of this section, that he or she has filed or intends to

file an application for sealing of any other eligible offense.

9. Records sealed pursuant to this section shall be made available to:

(a) the defendant or the defendant's designated agent;

(b) qualified agencies, as defined in subdivision nine of section

eight hundred thirty-five of the executive law, and federal and state

law enforcement agencies, when acting within the scope of their law

enforcement duties; or

(c) any state or local officer or agency with responsibility for the

issuance of licenses to possess guns, when the person has made

application for such a license; or

(d) any prospective employer of a police officer or peace officer as

those terms are defined in subdivisions thirty-three and thirty-four of

section 1.20 of this chapter, in relation to an application for

employment as a police officer or peace officer; provided, however, that

every person who is an applicant for the position of police officer or

peace officer shall be furnished with a copy of all records obtained

under this paragraph and afforded an opportunity to make an explanation

thereto; or

(e) the criminal justice information services division of the federal

bureau of investigation, for the purposes of responding to queries to

the national instant criminal background check system regarding attempts

to purchase or otherwise take possession of firearms, as defined in 18

USC 921 (a) (3).

10. A conviction which is sealed pursuant to this section is included

within the definition of a conviction for the purposes of any criminal

proceeding in which the fact of a prior conviction would enhance a

penalty or is an element of the offense charged.

11. No defendant shall be required or permitted to waive eligibility

for sealing pursuant to this section as part of a plea of guilty,

sentence or any agreement related to a conviction for an eligible

offense and any such waiver shall be deemed void and wholly

unenforceable.

Effect of termination of criminal actions in favor of the

accused.

Upon the termination of a criminal action or proceeding against a

person in favor of such person, as defined in subdivision two of section

160.50 of this chapter, the arrest and prosecution shall be deemed a

nullity and the accused shall be restored, in contemplation of law, to

the status he occupied before the arrest and prosecution. The arrest or

prosecution shall not operate as a disqualification of any person so

accused to pursue or engage in any lawful activity, occupation,

profession, or calling. Except where specifically required or permitted

by statute or upon specific authorization of a superior court, no such

person shall be required to divulge information pertaining to the arrest

or prosecution.

Arraignment upon information, simplified traffic information,

prosecutor's information or misdemeanor complaint;

defendant's presence, defendant's rights, court's

instructions and bail matters.

1. Following the filing with a local criminal court of an information,

a simplified information, a prosecutor's information or a misdemeanor

complaint, the defendant must be arraigned thereon. The defendant must

appear personally at such arraignment except under the following

circumstances:

(a) In any case where a simplified information is filed and a

procedure is provided by law which is applicable to all offenses charged

in such simplified information and, if followed, would dispense with an

arraignment or personal appearance of the defendant, nothing contained

in this section affects the validity of such procedure or requires such

personal appearance;

(b) In any case in which the defendant's appearance is required by a

summons or an appearance ticket, the court in its discretion may, for

good cause shown, permit the defendant to appear by counsel instead of

in person.

2. Upon any arraignment at which the defendant is personally present,

the court must immediately inform him, or cause him to be informed in

its presence, of the charge or charges against him and must furnish him

with a copy of the accusatory instrument.

3. The defendant has the right to the aid of counsel at the

arraignment and at every subsequent stage of the action. If he appears

upon such arraignment without counsel, he has the following rights:

(a) To an adjournment for the purpose of obtaining counsel; and

(b) To communicate, free of charge, by letter or by telephone provided

by the law enforcement facility where the defendant is held to a phone

number located in the United States, or Puerto Rico, for the purposes of

obtaining counsel and informing a relative or friend that he or she has

been charged with an offense; and

(c) To have counsel assigned by the court if he is financially unable

to obtain the same; except that this paragraph does not apply where the

accusatory instrument charges a traffic infraction or infractions only.

4. Except as provided in subdivision five, the court must inform the

defendant:

(a) Of his rights as prescribed in subdivision three; and the court

must not only accord him opportunity to exercise such rights but must

itself take such affirmative action as is necessary to effectuate them;

and

(b) Where a traffic infraction or a misdemeanor relating to traffic is

charged, that a judgment of conviction for such offense would in

addition to subjecting the defendant to the sentence provided therefor

render his license to drive a motor vehicle and his certificate of

registration subject to suspension and revocation as prescribed by law

and that a plea of guilty to such offense constitutes a conviction

thereof to the same extent as a verdict of guilty after trial; and

(c) Where the accusatory instrument is a simplified traffic

information, that the defendant has a right to have a supporting

deposition filed, as provided in section 100.25; and

(d) Where the accusatory instrument is a misdemeanor complaint, that

the defendant may not be prosecuted thereon or required to enter a plea

thereto unless he consents to the same, and that in the absence of such

consent such misdemeanor complaint will for prosecution purposes have to

be replaced and superseded by an information; and

(e) Where an information, a simplified information, a prosecutor's

information, a misdemeanor complaint, a felony complaint or an

indictment charges harassment in the second degree, as defined in

section 240.26 of the penal law, if there is a judgment of conviction

for such offense and such offense is determined to have been committed

against a member of the same family or household as the defendant, as

defined in subdivision one of section 530.11 of this chapter, the record

of such conviction shall be accessible for law enforcement purposes and

not sealed, as specified in paragraph (a) and subparagraph (vi) of

paragraph (d) of subdivision one of section 160.55 of this title; and

5. In any case in which a defendant has appeared for arraignment in

response to a summons or an appearance ticket, a printed statement upon

such process of any court instruction required by the provisions of

subdivision four, other than those specified in paragraphs (d) and (e)

thereof, constitutes compliance with such provisions with respect to the

instruction so printed.

6. If a defendant charged with a traffic infraction or infractions

only desires to proceed without the aid of counsel, the court must

permit him to do so. In all other cases, the court must permit the

defendant to proceed without the aid of counsel if it is satisfied that

he made such decision with knowledge of the significance thereof, but if

it is not so satisfied it may not proceed until the defendant is

provided with counsel, either of his own choosing or by assignment.

Regardless of the kind or nature of the charges, a defendant who

proceeds at the arraignment without counsel does not waive his right to

counsel, and the court must inform him that he continues to have such

right as well as all the rights specified in subdivision three which are

necessary to effectuate it, and that he may exercise such rights at any

stage of the action.

7. Upon the arraignment, the court, unless it intends to make a final

disposition of the action immediately thereafter, must, as provided in

subdivision one of section 530.20, issue a securing order either

releasing the defendant on his own recognizance or fixing bail for his

future appearance in the action; except that where a defendant appears

by counsel pursuant to paragraph (b) of subdivision one of this section,

the court must release the defendant on his own recognizance.

8. Notwithstanding any other provision of law to the contrary, a local

criminal court may not, at arraignment or within thirty days of

arraignment on a simplified traffic information charging a violation of

subdivision two, two-a, three, four or four-a of section eleven hundred

ninety-two of the vehicle and traffic law and upon which a notation has

been made pursuant to subdivision twelve of section eleven hundred

ninety-two of the vehicle and traffic law, accept a plea of guilty to a

violation of any subdivision of section eleven hundred ninety-two of the

vehicle and traffic law, nor to any other traffic infraction arising out

of the same incident, nor to any other traffic infraction, violation or

misdemeanor where the court is aware that such offense was charged

pursuant to an accident involving death or serious physical injury,

except upon written consent of the district attorney.

8-a. (a) Where an information, a simplified information, a

prosecutor's information, a misdemeanor complaint, a felony complaint or

an indictment charges harassment in the second degree as defined in

section 240.26 of the penal law, the people may serve upon the defendant

and file with the court a notice alleging that such offense was

committed against a member of the same family or household as the

defendant, as defined in subdivision one of section 530.11 of this

chapter. Such notice must be served within fifteen days after

arraignment on an information, a simplified information, a prosecutor's

information, a misdemeanor complaint, a felony complaint or an

indictment for such charge and before trial. Such notice must include

the name of the person alleged to be a member of the same family or

household as the defendant and specify the specific family or household

relationship as defined in subdivision one of section 530.11 of this

chapter.

(b) If a defendant, charged with harassment in the second degree as

defined in section 240.26 of the penal law stipulates, or admits in the

course of a plea disposition, that the person against whom the charged

offense is alleged to have been committed is a member of the same family

or household as the defendant, as defined in subdivision one of section

530.11 of this chapter, such allegation shall be deemed established for

purposes of paragraph (a) and subparagraph (vi) of paragraph (d) of

subdivision one of section 160.55 of this title. If the defendant denies

such allegation, the people may, by proof beyond a reasonable doubt,

prove as part of their case that the alleged victim of such offense was

a member of the same family or household as the defendant. In such

circumstances, the trier of fact shall make its determination with

respect to such allegation orally on the record or in writing.

9. Nothing contained in this section applies to the arraignment of

corporate defendants, which is governed generally by the provisions of

article six hundred.

10. Notwithstanding any contrary provision of this section, when an

off-hours arraignment part designated in accordance with paragraph (w)

of subdivision one of section two hundred twelve of the judiciary law is

in operation in the county in which the court is located, the court must

adjourn the proceedings before it, and direct that the proceedings be

continued in such off-hours part when the defendant has appeared before

the court without counsel and no counsel is otherwise available at the

time of such appearance to aid the defendant, unless the defendant

desires to proceed without the aid of counsel and the court is

satisfied, pursuant to subdivision six of this section, that the

defendant made such decision with knowledge of the significance thereof.

Removal of action from one local criminal court to another.

Under circumstances prescribed in this section, a criminal action

based upon an information, a simplified information, a prosecutor's

information or a misdemeanor complaint may be removed from one local

criminal court to another:

1. When a defendant arrested by a police officer for an offense other

than a felony, allegedly committed in a city or town, has, owing to

special circumstances and pursuant to law, not been brought before the

particular local criminal court which by reason of the situs of such

offense has trial jurisdiction thereof, but, instead, before a local

criminal court which does not have trial jurisdiction thereof, and

therein stands charged with such offense by information, simplified

information or misdemeanor complaint, such local criminal court must

arraign him upon such accusatory instrument. If the defendant desires

to enter a plea of guilty thereto immediately following such

arraignment, such local criminal court must permit him to do so and must

thereafter conduct the action to judgment. Otherwise, it must remit the

action, together with all pertinent papers and documents, to the local

criminal court which has trial jurisdiction of the action, and the

latter court must then conduct such action to judgment or other final

disposition.

2. When a defendant arrested by a police officer for an offense other

than a felony has been brought before a superior court judge sitting as

a local criminal court for arraignment upon an information, simplified

information or misdemeanor complaint charging such offense, such judge

must, as a local criminal court, arraign the defendant upon such

accusatory instrument. Such judge must then remit the action, together

with all pertinent papers and documents, to a local criminal court

having trial jurisdiction thereof. The latter court must then conduct

such action to judgment or other final disposition.

3. At any time within the period provided by section 255.20, where a

defendant is arraigned upon an information, a simplified information, a

prosecutor's information or a misdemeanor complaint pending in a city

court, town court or a village court having trial jurisdiction thereof,

a judge of the county court of the county in which such city court, town

court or village court is located may, upon motion of the defendant or

the people, order that the action be transferred for disposition from

the court in which the matter is pending to another designated local

criminal court of the county, upon the ground that disposition thereof

within a reasonable time in the court from which removal is sought is

unlikely owing to:

(a) Death, disability or other incapacity or disqualification of all

of the judges of such court; or

(b) Inability of such court to form a jury in a case, in which the

defendant is entitled to and has requested a jury trial.

4. Notwithstanding any provision of this section to the contrary, in

any county outside a city having a population of one million or more,

upon or after arraignment of a defendant on an information, a simplified

information, a prosecutor's information or a misdemeanor complaint

pending in a local criminal court, such court may, upon motion of the

defendant and after giving the district attorney an opportunity to be

heard, order that the action be removed from the court in which the

matter is pending to another local criminal court in the same county

which has been designated a court formed to address a matter of special

concern based upon the status of the defendant or the victim, commonly

known as a "problem solving court," including, but not limited to, drug

court, domestic violence court, youth court, mental health court, and

veterans court, by the chief administrator of the courts, and such

problem solving court may then conduct such action to judgment or other

final disposition; provided, however, that an order of removal issued

under this subdivision shall not take effect until five days after the

date the order is issued unless, prior to such effective date, the

problem solving court notifies the court that issued the order that:

(a) it will not accept the action, in which event the order shall not

take effect, or

(b) it will accept the action on a date prior to such effective date,

in which event the order shall take effect upon such prior date.

Upon providing notification pursuant to paragraph (a) or (b) of this

subdivision, the problem solving court shall promptly give notice to the

defendant, his or her counsel and the district attorney.

5. (a) Notwithstanding any provision of this section to the contrary,

in any county outside a city having a population of one million or more,

upon or after arraignment of a defendant on an information, a simplified

information, a prosecutor's information or a misdemeanor complaint

pending in a local criminal court, such court may, upon motion of the

defendant and after giving the district attorney an opportunity to be

heard, order that the action be removed from the court in which the

matter is pending to another local criminal court in the same county, or

with consent of the district attorney and the district attorney of the

adjoining county to another court in such adjoining county, that has

been designated as a human trafficking court or veterans treatment court

by the chief administrator of the courts, and such human trafficking

court or veterans treatment court may then conduct such action to

judgment or other final deposition; provided, however, that no court may

order removal pursuant to this subdivision to a veterans treatment court

of a family offense charge described in subdivision one of section

530.11 of this chapter where the accused and the person alleged to be

the victim of such offense charged are members of the same family or

household as defined in such subdivision one of section 530.11; and

provided further that an order of removal issued under this subdivision

shall not take effect until five days after the date the order is issued

unless, prior to such effective date, the human trafficking court or

veterans treatment court notifies the court that issued the order that:

i. it will not accept the action, in which event the order shall not

take effect; or

ii. it will accept the action on a date prior to such effective date,

in which event the order shall take effect upon such prior date.

(b) Upon providing notification pursuant to subparagraph i or ii of

paragraph (a) of this subdivision, the human trafficking court or

veterans treatment court shall promptly give notice to the defendant,

his or her counsel, and the district attorney.

Divestiture of jurisdiction by indictment; removal of case to

superior court at district attorney's instance.

1. If at any time before entry of a plea of guilty to or commencement

of a trial of a local criminal court accusatory instrument containing a

charge of misdemeanor, an indictment charging the defendant with such

misdemeanor is filed in a superior court, the local criminal court is

thereby divested of jurisdiction of such misdemeanor charge and all

proceedings therein with respect thereto are terminated.

2. At any time before entry of a plea of guilty to or commencement of

a trial of an accusatory instrument specified in subdivision one, the

district attorney may apply for an adjournment of the proceedings in the

local criminal court upon the ground that he intends to present the

misdemeanor charge in question to a grand jury with a view to

prosecuting it by indictment in a superior court. In such case, the

local criminal court must adjourn the proceedings to a date which

affords the district attorney reasonable opportunity to pursue such

action, and may subsequently grant such further adjournments for that

purpose as are reasonable under the circumstances. Following the

granting of such adjournment or adjournments, the proceedings must be as

follows:

(a) If such charge is presented to a grand jury within the designated

period and either an indictment or a dismissal of such charge results,

the local criminal court is thereby divested of jurisdiction of such

charge, and all proceedings in the local criminal court with respect

thereto are terminated.

(b) If the misdemeanor charge is not presented to a grand jury within

the designated period, the proceedings in the local criminal court must

continue.

Divestiture of jurisdiction by indictment; removal of case to

superior court at defendant's instance.

1. At any time before entry of a plea of guilty to or commencement of

a trial of a local criminal court accusatory instrument containing a

charge of misdemeanor, a superior court having jurisdiction to prosecute

such misdemeanor charge by indictment may, upon motion of the defendant

made upon notice to the district attorney, showing good cause to believe

that the interests of justice so require, order that such charge be

prosecuted by indictment and that the district attorney present it to

the grand jury for such purpose.

2. Such order stays the proceedings in the local criminal court

pending submission of the charge to the grand jury. Upon the subsequent

filing of an indictment in the superior court, the proceedings in the

local criminal court terminate and the defendant must be required to

appear for arraignment upon the indictment in the manner prescribed in

subdivisions one and two of section 210.10. Upon the subsequent filing

of a grand jury dismissal of the charge, the proceedings in the local

criminal court terminate and the superior court must, if the defendant

is not at liberty on his own recognizance, discharge him from custody or

exonerate his bail, as the case may be.

3. At any time before entry of a plea of guilty to or commencement of

a trial of or within thirty days of arraignment on an accusatory

instrument specified in subdivision one, whichever occurs first, the

defendant may apply to the local criminal court for an adjournment of

the proceedings therein upon the ground that he intends to make a motion

in a superior court, pursuant to subdivision one, for an order that the

misdemeanor charge be prosecuted by indictment. In such case, the local

criminal court must adjourn the proceedings to a date which affords the

defendant reasonable opportunity to pursue such action, and may

subsequently grant such further adjournments for that purpose as are

reasonable under the circumstances. Following the granting of such

adjournment or adjournments, the proceedings must be as follows:

(a) If a motion in a superior court is not made by the defendant

within the designated period, the proceedings in the local criminal

court must continue.

(b) If a motion in a superior court is made by the defendant within

the designated period, such motion stays the proceedings in the local

criminal court until the entry of an order determining such motion.

(c) If the superior court enters an order granting the motion, such

order stays the proceedings in the local criminal court as provided in

subdivision two; and upon a subsequent indictment or dismissal of such

charge by the grand jury, the proceedings in the local criminal court

terminate as provided in subdivision two.

(d) If the superior court enters an order denying the motion, the

proceedings in the local criminal court must continue.

4. Upon application of a defendant who on the basis of an order

issued by a superior court pursuant to subdivision one is awaiting grand

jury action, and who, at the time of such order or subsequent thereto,

has been committed to the custody of the sheriff pending grand jury

action, and who has been confined in such custody for a period of more

than forty-five days without the occurrence of any grand jury action or

disposition, the superior court which issued such order must release him

on his own recognizance unless:

(a) The lack of a grand jury disposition during such period of

confinement was due to the defendant's request, action or condition, or

occurred with his consent; or

(b) The people have shown good cause why such order of release should

not be issued. Such good cause must consist of some compelling fact or

circumstance which precluded grand jury action within the prescribed

period or rendered the same against the interest of justice.

Motion to dismiss information, simplified information,

prosecutor's information or misdemeanor complaint.

1. After arraignment upon an information, a simplified information, a

prosecutor's information or a misdemeanor complaint, the local criminal

court may, upon motion of the defendant, dismiss such instrument or any

count thereof upon the ground that:

(a) It is defective, within the meaning of section 170.35; or

(b) The defendant has received immunity from prosecution for the

offense charged, pursuant to sections 50.20 or 190.40; or

(c) The prosecution is barred by reason of a previous prosecution,

pursuant to section 40.20; or

(d) The prosecution is untimely, pursuant to section 30.10; or

(e) The defendant has been denied the right to a speedy trial; or

(f) There exists some other jurisdictional or legal impediment to

conviction of the defendant for the offense charged; or

(g) Dismissal is required in furtherance of justice, within the

meaning of section 170.40.

2. A motion pursuant to this section, except a motion pursuant to

paragraph (e) of subdivision one, should be made within the period

provided by section 255.20. A motion made pursuant to paragraph (e) of

subdivision one should be made prior to the commencement of trial or

entry of a plea of guilty.

3. Upon the motion, a defendant who is in a position adequately to

raise more than one ground in support thereof should raise every such

ground upon which he intends to challenge the accusatory instrument. A

subsequent motion based upon such a ground not so raised may be

summarily denied, although the court, in the interest of justice and for

good cause shown, may in its discretion entertain and dispose of such a

motion on the merits notwithstanding.

4. After arraignment upon an information, a simplified information, a

prosecutor's information or misdemeanor complaint on a charge of

prostitution pursuant to section 230.00 of the penal law the local

criminal court may dismiss such charge in its discretion in the interest

of justice on the ground that a defendant participated in services

provided to him or her.

Motion to dismiss information, simplified information,

prosecutor's information or misdemeanor complaint; as defective.

1. An information, a simplified information, a prosecutor's

information or a misdemeanor complaint, or a count thereof, is defective

within the meaning of paragraph (a) of subdivision one of section 170.30

when:

(a) It is not sufficient on its face pursuant to the requirements of

section 100.40; provided that such an instrument or count may not be