N.Y. Criminal Procedure Law § 100.10: Local criminal court and youth part of the superior court accusatory instruments; definitions thereof

§ 100.10 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.