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New York · Through 2026-09-11

N.Y. Criminal Procedure Law § 130.10: Summons; definition, function, form and content

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Where this section sits in the code
  1. Criminal Procedure Law
  2. Part 2. The Principal Proceedings
  3. Title H. Preliminary Proceedings In Local Criminal Court
  4. Article 130. The Summons

§ 130.10 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.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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