N.Y. Criminal Procedure Law § 100.05: Commencement of action; in general

§ 100.05 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.