N.Y. Criminal Procedure Law § 150.50: Appearance ticket; filing a local criminal court accusatory instrument; dismissal of insufficient instrument

§ 150.50 Appearance ticket; filing a local criminal court accusatory

instrument; dismissal of insufficient instrument.

1. A police officer or other public servant who has issued and served

an appearance ticket must, at or before the time such appearance ticket

is returnable, file or cause to be filed with the local criminal court

in which it is returnable a local criminal court accusatory instrument

charging the person named in such appearance ticket with the offense

specified therein; provided, however, that no separate accusatory

instrument shall be required to be filed for an appearance ticket issued

for a parking infraction which conforms to the requirements set forth in

paragraph (b) of subdivision one of section 1.20 of this chapter.

Nothing herein contained shall authorize the use of a simplified

information when not authorized by law.

2. If such accusatory instrument 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 accusatory instrument which is sufficient on its face, it

must dismiss such accusatory instrument.