N.Y. CPL Law § 200.50 — New York Code / Act CPL / Part 2 / Title I / Article 200 / Section 200.50
Indictment; form and content
Status: in_force

§ 200.50 Indictment; form and content.\n  An indictment must contain:\n  1. The name of the superior court in which it is filed; and\n  2. The title of the action and, where the defendant is a juvenile\noffender, a statement in the title that the defendant is charged as a\njuvenile offender; and\n  3. A separate accusation or count addressed to each offense charged,\nif there be more than one; and\n  4. A statement in each count that the grand jury, or, where the\naccusatory instrument is a superior court information, the district\nattorney, accuses the defendant or defendants of a designated offense,\nprovided that in any prosecution under article four hundred eighty-five\nof the penal law, the designated offense shall be the specified offense,\nas defined in subdivision three of section 485.05 of the penal law,\nfollowed by the phrase "as a hate crime", and provided further that in\nany prosecution under section 490.25 of the penal law, the designated\noffense shall be the specified offense, as defined in subdivision three\nof section 490.05 of the penal law, followed by the phrase "as a crime\nof terrorism"; and provided further that in any prosecution under\nsection 130.91 of the penal law, the designated offense shall be the\nspecified offense, as defined in subdivision two of section 130.91 of\nthe penal law, followed by the phrase "as a sexually motivated felony";\nand provided further that in any prosecution under section 496.06 of the\npenal law, the designated offense shall be the specified offense, as\ndefined in subdivision two of such section, followed by the phrase "as a\npublic corruption crime"; and\n  5. A statement in each count that the offense charged therein was\ncommitted in a designated county; and\n  6. A statement in each count that the offense charged therein was\ncommitted on, or on or about, a designated date, or during a designated\nperiod of time; and\n  7. A plain and concise factual statement in each count which, without\nallegations of an evidentiary nature,\n  (a) asserts facts supporting every element of the offense charged and\nthe defendant's or defendants' commission thereof with sufficient\nprecision to clearly apprise the defendant or defendants of the conduct\nwhich is the subject of the accusation; and\n  (b) in the case of any armed felony, as defined in subdivision\nforty-one of section 1.20, states that such offense is an armed felony\nand specifies the particular implement the defendant or defendants\npossessed, were armed with, used or displayed or, in the case of an\nimplement displayed, specifies what the implement appeared to be; and\n  (c) in the case of any hate crime, as defined in section 485.05 of the\npenal law, specifies, as applicable, that the defendant or defendants\nintentionally selected the person against whom the offense was committed\nor intended to be committed; or intentionally committed the act or acts\nconstituting the offense, in whole or in substantial part because of a\nbelief or perception regarding the race, color, national origin,\nancestry, gender, gender identity or expression, religion, religious\npractice, age, disability or sexual orientation of a person; and\n  (d) in the case of a crime of terrorism, as defined in section 490.25\nof the penal law, specifies, as applicable, that the defendant or\ndefendants acted with intent to intimidate or coerce a civilian\npopulation, influence the policy of a unit of government by intimidation\nor coercion, or affect the conduct of a unit of government by murder,\nassassination or kidnapping; and\n  (e) in the case of a sexually motivated felony, as defined in section\n130.91 of the penal law, asserts facts supporting the allegation that\nthe offense was sexually motivated; and\n  8. The signature of the foreman or acting foreman of the grand jury,\nexcept where the indictment has been ordered reduced pursuant to\nsubdivision one-a of section 210.20 of this chapter or the accusatory\ninstrument is a superior court information; and\n  9. The signature of the district attorney.\n