N.Y. CPL Law § 100.10 — New York Code / Act CPL / Part 2 / Title H / Article 100 / Section 100.10
Local criminal court and youth part of the superior court accusatory instruments; definitions thereof
Status: in_force

§ 100.10 Local criminal court and youth part of the superior court\n               accusatory instruments; definitions thereof.\n  1. An "information" is a verified written accusation by a person,\nfiled with a local criminal court, charging one or more other persons\nwith the commission of one or more offenses, none of which is a felony.\nIt may serve as a basis both for the commencement of a criminal action\nand for the prosecution thereof in a local criminal court.\n  2. (a) A "simplified traffic information" is a written accusation by a\npolice officer, or other public servant authorized by law to issue same,\nfiled with a local criminal court, which charges a person with the\ncommission of one or more traffic infractions and/or misdemeanors\nrelating to traffic, and which, being in a brief or simplified form\nprescribed by the commissioner of motor vehicles, designates the offense\nor offenses charged but contains no factual allegations of an\nevidentiary nature supporting such charge or charges. It serves as a\nbasis for commencement of a criminal action for such traffic offenses,\nalternative to the charging thereof by a regular information, and, under\ncircumstances prescribed in section 100.25, it may serve, either in\nwhole or in part, as a basis for prosecution of such charges.\n  (b) A "simplified parks information" is a written accusation by a\npolice officer or other public servant authorized by law to issue same,\nfiled with a local criminal court, which charges a person with the\ncommission of one or more offenses, other than a felony, for which a\nuniform simplified parks information may be issued pursuant to the parks\nand recreation law and navigation law, and which being in a brief or\nsimplified form prescribed by the commissioner of parks and recreation,\ndesignates the offense or offenses charged but contains no factual\nallegations of an evidentiary nature supporting such charge or charges.\nIt serves as a basis for commencement of a criminal action for such\noffenses, alternative to the charging thereof by a regular information,\nand, under circumstances parescribed in section 100.25, it may serve,\neither in whole or in part, as a basis for prosecution of such charges.\n  (c) A "simplified environmental conservation information" is a written\naccusation by a police officer or other public servant authorized by law\nto issue same, filed with a local criminal court, which charges a person\nwith the commission of one or more offenses, other than a felony, for\nwhich a uniform simplified environmental conservation information may be\nissued pursuant to the environmental conservation law, and which being\nin a brief or simplified form prescribed by the commissioner of\nenvironmental conservation, designates the offense or offenses charged\nbut contains no factual allegations of an evidentiary nature supporting\nsuch charge or charges. It serves as a basis for commencement of a\ncriminal action for such offenses, alternative to the charging thereof\nby a regular information, and, under circumstances prescribed in section\n100.25, it may serve, either in whole or in part, as a basis for\nprosecution of such charges.\n  3. A "prosecutor's information" is a written accusation by a district\nattorney, filed with a local criminal court, either (a) at the direction\nof a grand jury pursuant to section 190.70, or (b) at the direction of a\nlocal criminal court pursuant to section 180.50 or 180.70, or (c) at the\ndistrict attorney's own instance pursuant to subdivision two of section\n100.50, or (d) at the direction of a superior court pursuant to\nsubdivision one-a of section 210.20, charging one or more persons with\nthe commission of one or more offenses, none of which is a felony. It\nserves as a basis for the prosecution of a criminal action, but it\ncommences a criminal action only where it results from a grand jury\ndirection issued in a case not previously commenced in a local criminal\ncourt.\n  4. A "misdemeanor complaint" is a verified written accusation by a\nperson, filed with a local criminal court, charging one or more other\npersons with the commission of one or more offenses, at least one of\nwhich is a misdemeanor and none of which is a felony. It serves as a\nbasis for the commencement of a criminal action, but it may serve as a\nbasis for prosecution thereof only where a defendant has waived\nprosecution by information pursuant to subdivision three of section\n170.65.\n  5. A "felony complaint" is a verified written accusation by a person,\nfiled with a local criminal court, or youth part of the superior court,\ncharging one or more other persons with the commission of one or more\nfelonies. It serves as a basis for the commencement of a criminal\naction, but not as a basis for prosecution thereof.\n