N.Y. Criminal Procedure Law § 130.30: Summons; when issuable

§ 130.30 Summons; when issuable.

A local criminal court or youth part of the superior court may issue a

summons in any case in which, pursuant to section 120.20, it is

authorized to issue a warrant of arrest based upon an information, a

prosecutor's information, a felony complaint or a misdemeanor complaint.

If such information, prosecutor's information, felony complaint or

misdemeanor complaint is not sufficient on its face as prescribed in

section 100.40, and if the court is satisfied that on the basis of the

available facts or evidence it would be impossible to draw and file an

authorized accusatory instrument that is sufficient on its face, the

court must dismiss the accusatory instrument. A superior court may issue

a summons in any case in which, pursuant to section 210.10, it is

authorized to issue a warrant of arrest based upon an indictment.