N.Y. Criminal Procedure Law § 200.50: Indictment; form and content

§ 200.50 Indictment; form and content.

An indictment must contain:

1. The name of the superior court in which it is filed; and

2. The title of the action and, where the defendant is a juvenile

offender, a statement in the title that the defendant is charged as a

juvenile offender; and

3. A separate accusation or count addressed to each offense charged,

if there be more than one; and

4. A statement in each count that the grand jury, or, where the

accusatory instrument is a superior court information, the district

attorney, accuses the defendant or defendants of a designated offense,

provided that in any prosecution under article four hundred eighty-five

of the penal law, the designated offense shall be the specified offense,

as defined in subdivision three of section 485.05 of the penal law,

followed by the phrase "as a hate crime", and provided further that in

any prosecution under section 490.25 of the penal law, the designated

offense shall be the specified offense, as defined in subdivision three

of section 490.05 of the penal law, followed by the phrase "as a crime

of terrorism"; and provided further that in any prosecution under

section 130.91 of the penal law, the designated offense shall be the

specified offense, as defined in subdivision two of section 130.91 of

the penal law, followed by the phrase "as a sexually motivated felony";

and provided further that in any prosecution under section 496.06 of the

penal law, the designated offense shall be the specified offense, as

defined in subdivision two of such section, followed by the phrase "as a

public corruption crime"; and

5. A statement in each count that the offense charged therein was

committed in a designated county; and

6. A statement in each count that the offense charged therein was

committed on, or on or about, a designated date, or during a designated

period of time; and

7. A plain and concise factual statement in each count which, without

allegations of an evidentiary nature,

(a) asserts facts supporting every element of the offense charged and

the defendant's or defendants' commission thereof with sufficient

precision to clearly apprise the defendant or defendants of the conduct

which is the subject of the accusation; and

(b) in the case of any armed felony, as defined in subdivision

forty-one of section 1.20, states that such offense is an armed felony

and specifies the particular implement the defendant or defendants

possessed, were armed with, used or displayed or, in the case of an

implement displayed, specifies what the implement appeared to be; and

(c) in the case of any hate crime, as defined in section 485.05 of the

penal law, specifies, as applicable, that the defendant or defendants

intentionally selected the person against whom the offense was committed

or intended to be committed; or intentionally committed the act or acts

constituting the offense, in whole or in substantial part because of a

belief or perception regarding the race, color, national origin,

ancestry, gender, gender identity or expression, religion, religious

practice, age, disability or sexual orientation of a person; and

(d) in the case of a crime of terrorism, as defined in section 490.25

of the penal law, specifies, as applicable, that the defendant or

defendants acted with intent to intimidate or coerce a civilian

population, influence the policy of a unit of government by intimidation

or coercion, or affect the conduct of a unit of government by murder,

assassination or kidnapping; and

(e) in the case of a sexually motivated felony, as defined in section

130.91 of the penal law, asserts facts supporting the allegation that

the offense was sexually motivated; and

8. The signature of the foreman or acting foreman of the grand jury,

except where the indictment has been ordered reduced pursuant to

subdivision one-a of section 210.20 of this chapter or the accusatory

instrument is a superior court information; and

9. The signature of the district attorney.