N.Y. Criminal Procedure Law § 1.20: Definitions of terms of general use in this chapter

§ 1.20 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.