N.Y. Criminal Procedure Law § 40.10: Previous prosecution; definitions of terms

§ 40.10 Previous prosecution; definitions of terms.

The following definitions are applicable to this article:

1. "Offense." An "offense" is committed whenever any conduct is

performed which violates a statutory provision defining an offense; and

when the same conduct or criminal transaction violates two or more such

statutory provisions each such violation constitutes a separate and

distinct offense. The same conduct or criminal transaction also

establishes separate and distinct offenses when, though violating only

one statutory provision, it results in death, injury, loss or other

consequences to two or more victims, and such result is an element of

the offense as defined. In such case, as many offenses are committed as

there are victims.

2. "Criminal transaction" means conduct which establishes at least

one offense, and which is comprised of two or more or a group of acts

either (a) so closely related and connected in point of time and

circumstance of commission as to constitute a single criminal incident,

or (b) so closely related in criminal purpose or objective as to

constitute elements or integral parts of a single criminal venture.