N.Y. Criminal Procedure Law § 100.55: Local criminal court accusatory instruments; in what courts filed

§ 100.55 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.