2023 New York Laws › CPL - Criminal Procedure › Part 1 - General Provisions › Title A - Short Title, Applicability and Definitions › Article 1 - Short Title, Applicability and Definitions › 1.20 - Definitions of Terms of General Use in This Chapter.

§ 1.20 Definitions of terms of general use in this chapter.
Except  where different meanings are expressly specified in subsequent
provisions of this chapter, the term definitions  contained  in  section
10.00 of the penal law are applicable to this chapter, and, in addition,
the following terms have the following meanings:
1.  "Accusatory  instrument"  means:  (a) an indictment, an indictment
ordered reduced pursuant to subdivision one-a of section 210.20 of  this
chapter,  an  information,  a  simplified  information,  a  prosecutor's
information, a superior court information, a misdemeanor complaint or  a
felony  complaint. Every accusatory instrument, regardless of the person
designated therein as accuser, constitutes an accusation  on  behalf  of
the  state as plaintiff and must be entitled "the people of the state of
New York" against a designated person, known as the defendant; and
(b) an appearance ticket issued for a parking infraction when (i) such
ticket is based on personal knowledge or information and belief  of  the
police  officer  or other public servant who issues the ticket, (ii) the
police officer or other public servant who issues such  ticket  verifies
that  false  statements  made  therein  are  punishable  as  a  class  A
misdemeanor, (iii) the infraction or infractions contained  therein  are
stated  in  detail  and  not  in  conclusory  terms so as to provide the
defendant with sufficient notice including,  but  not  limited,  to  the
applicable  provision  of law allegedly violated, and the date, time and
particular place  of  the  alleged  infraction,  and  (iv)  such  ticket
contains: (1) the license plate designation of the ticketed vehicle, (2)
the  license  plate  type of the ticketed vehicle, (3) the expiration of
the ticketed vehicle's registration,  (4)  the  make  or  model  of  the
ticketed  vehicle,  and  (5)  the  body  type  of  the ticketed vehicle,
provided, however, that where the plate type or the expiration date  are
not  shown  on either the registration plates or sticker of a vehicle or
where the registration sticker is covered, faded, defaced  or  mutilated
so  that  it is unreadable, the plate type or the expiration date may be
omitted, provided, further, however, that  such  condition  must  be  so
described and inserted on the instrument.
2.  "Local  criminal court accusatory instrument" means any accusatory
instrument other than an indictment or a superior court information.
3. "Indictment" means a written accusation by a grand jury, more fully
defined and described in article two  hundred,  filed  with  a  superior
court,  which  charges one or more defendants with the commission of one
or more offenses, at least one of which is a crime, and which serves  as
a basis for prosecution thereof.
3-a.  "Superior  court  information"  means  a written accusation by a
district attorney more fully  defined  and  described  in  articles  one
hundred  ninety-five  and  two  hundred,  filed  with  a  superior court
pursuant to article one hundred ninety-five, which charges one  or  more
defendants  with the commission of one or more offenses, at least one of
which is a crime, and which serves as a basis for prosecution thereof.
4. "Information" means a verified written accusation by a person, more
fully defined and described in article one hundred, filed with  a  local
criminal court, which charges one or more defendants with the commission
of  one or more offenses, none of which is a felony, and which may serve
both to commence a criminal  action  and  as  a  basis  for  prosecution
thereof.
* 5. "Simplified traffic information" means a written accusation, more
fully  defined and described in article one hundred, by a police officer
or other public servant authorized by law to issue same,  filed  with  a
local  criminal  court,  which,  being  in  a  brief  or simplified form
prescribed by the commissioner of motor vehicles, charges a person  with
one or more traffic infractions or misdemeanors relating to traffic, and

which  may serve both to commence a criminal action for such offense and
as a basis for prosecution thereof.
* NB There are 2 sb 5's -- cannot be put together
* 5.   (a)   "Simplified   information"  means  a  simplified  traffic
information,  a  simplified   parks   information,   or   a   simplified
environmental conservation information.
(b)  "Simplified  traffic information" means a written accusation by a
police officer, or other public servant authorized by law to issue same,
more fully defined and described in article one hundred,  filed  with  a
local  criminal  court,  which,  being  in  a  brief  or simplified form
prescribed by the commissioner of motor vehicles, charges a person  with
one or more traffic infractions or misdemeanors relating to traffic, and
which  may serve both to commence a criminal action for such offense and
as a basis for prosecution thereof.
(c) "Simplified parks information" means a  written  accusation  by  a
police officer, or other public servant authorized by law to issue same,
filed with a local criminal court, which, being in a brief or simplified
form  prescribed  by the commissioner of parks and recreation, charges a
person with one or more offenses, other  than  a  felony,  for  which  a
uniform simplified parks information may be issued pursuant to the parks
and  recreation  law and the navigation law, and which may serve both to
commence a  criminal  action  for  such  offense  and  as  a  basis  for
prosecution thereof.
(d)   "Simplified  environmental  conservation  information"  means  a
written  accusation  by  a  police  officer,  or  other  public  servant
authorized  by  law  to  issue  same, filed with a local criminal court,
which being in a brief or simplified form prescribed by the commissioner
of environmental  conservation,  charges  a  person  with  one  or  more
offenses,   other   than  a  felony,  for  which  a  uniform  simplified
environmental conservation simplified information may be issued pursuant
to the environmental conservation law,  and  which  may  serve  both  to
commence  a  criminal  action  for  such  offense  and  as  a  basis for
prosecution thereof.
* NB There are 2 sb 5's -- cannot be put together
6. "Prosecutor's information" means a written accusation by a district
attorney, more fully defined and described in article one hundred, filed
with a local criminal court, which charges one or more  defendants  with
the  commission  of one or more offenses, none of which is a felony, and
which serves as a basis for prosecution thereof.
7. "Misdemeanor complaint" means a verified written  accusation  by  a
person,  more  fully defined and described in article one hundred, filed
with a local criminal court, which charges one or more  defendants  with
the  commission  of  one  or  more  offenses, at least one of which is a
misdemeanor and none of which is a felony, and which serves to  commence
a  criminal  action  but  which  may  not,  except  upon the defendant's
consent, serve as a  basis  for  prosecution  of  the  offenses  charged
therein.
8. "Felony complaint" means a verified written accusation by a person,
more  fully  defined  and described in article one hundred, filed with a
local criminal court, which charges one  or  more  defendants  with  the
commission  of  one  or  more  felonies  and  which serves to commence a
criminal action but not as a basis for prosecution thereof.
9. "Arraignment" means the occasion upon  which  a  defendant  against
whom an accusatory instrument has been filed appears before the court in
which  the  criminal  action  is  pending for the purpose of having such
court acquire and exercise control over his person with respect to  such
accusatory  instrument  and of setting the course of further proceedings
in the action.
10. "Plea," in addition to  its  ordinary  meaning  as  prescribed  in
sections  220.10 and 340.20, means, where appropriate, the occasion upon
which a defendant enters such a plea to an accusatory instrument.
11. "Trial." A jury trial commences with the selection of the jury and
includes  all  further proceedings through the rendition of a verdict. A
non-jury trial commences with the first opening  address,  if  there  be
any,  and,  if  not,  when  the first witness is sworn, and includes all
further proceedings through the rendition of a verdict.
12. "Verdict" means the announcement by a jury in the case of  a  jury
trial,  or by the court in the case of a non-jury trial, of its decision
upon the defendant's guilt or innocence of the charges submitted  to  or
considered by it.
13.  "Conviction" means the entry of a plea of guilty to, or a verdict
of guilty upon, an accusatory instrument other than a felony  complaint,
or to one or more counts of such instrument.
14.  "Sentence"  means  the  imposition  and  entry of sentence upon a
conviction.
15. "Judgment." A judgment  is  comprised  of  a  conviction  and  the
sentence imposed thereon and is completed by imposition and entry of the
sentence.
16. "Criminal action." A criminal action (a) commences with the filing
of  an accusatory instrument against a defendant in a criminal court, as
specified in subdivision seventeen;  (b)  includes  the  filing  of  all
further  accusatory  instruments  directly derived from the initial one,
and all proceedings, orders and motions conducted or made by a  criminal
court  in  the course of disposing of any such accusatory instrument, or
which, regardless of the court in which  they  occurred  or  were  made,
could  properly  be considered as a part of the record of the case by an
appellate court upon an appeal from a judgment of  conviction;  and  (c)
terminates   with  the  imposition  of  sentence  or  some  other  final
disposition in a criminal court of the last accusatory instrument  filed
in the case.
17.  "Commencement of criminal action." A criminal action is commenced
by the filing of an accusatory  instrument  against  a  defendant  in  a
criminal  court, and, if more than one accusatory instrument is filed in
the  course  of  the  action,  it  commences  when  the  first  of  such
instruments is filed.
18. "Criminal proceeding" means any proceeding which (a) constitutes a
part  of  a  criminal  action  or  (b) occurs in a criminal court and is
related to a prospective, pending or completed criminal  action,  either
of  this  state  or  of  any  other jurisdiction, or involves a criminal
investigation.
19. "Criminal court" means any court defined as such by section 10.10.
20. "Superior court" means any court defined as  such  by  subdivision
two of section 10.10.
21.  "Local  criminal  court"  means  any  court  defined  as  such by
subdivision three of section 10.10.
22.  "Intermediate  appellate  court"  means  any   court   possessing
appellate jurisdiction, other than the court of appeals.
23.  "Judge"  means  any  judicial  officer  who  is  a  member  of or
constitutes a court, whether referred to in another provision of law  as
a justice or by any other title.
24. "Trial jurisdiction." A criminal court has "trial jurisdiction" of
an  offense  when  an indictment or an information charging such offense
may properly be filed with such court, and when such court has authority
to accept a plea to, try or otherwise finally dispose of such accusatory
instrument.
25. "Preliminary jurisdiction."  A  criminal  court  has  "preliminary
jurisdiction"  of  an  offense  when, regardless of whether it has trial
jurisdiction  thereof,  a  criminal  action  for  such  offense  may  be
commenced  therein,  and  when  such  court may conduct proceedings with
respect  thereto  which  lead  or  may  lead  to  prosecution  and final
disposition of the action in a court having trial jurisdiction thereof.
26. "Appearance ticket" means a written  notice  issued  by  a  public
servant,  more  fully  defined  in section 150.10, requiring a person to
appear before a local criminal court in connection  with  an  accusatory
instrument to be filed against him therein.
27.  "Summons"  means  a process of a local criminal court or superior
court, more fully defined in section 130.10, requiring  a  defendant  to
appear  before  such  court  for  the  purpose  of  arraignment  upon an
accusatory instrument filed therewith by which a criminal action against
him has been commenced.
28. "Warrant of arrest" means a process of  a  local  criminal  court,
more  fully  defined  in  section  120.10, directing a police officer to
arrest a defendant and to bring him before such court for the purpose of
arraignment upon an accusatory instrument filed  therewith  by  which  a
criminal action against him has been commenced.
29.  "Superior  court warrant of arrest" means a process of a superior
court directing a police officer to arrest a defendant and to bring  him
before  such  court  for  the  purpose of arraignment upon an indictment
filed therewith  by  which  a  criminal  action  against  him  has  been
commenced.
30.  "Bench  warrant"  means  a process of a criminal court in which a
criminal action is pending, directing a police officer, or  a  uniformed
court  officer,  pursuant  to  paragraph b of subdivision two of section
530.70 of this chapter, to take into custody a defendant in such  action
who  has  previously  been  arraigned  upon the accusatory instrument by
which the action was commenced, and to bring him before such court.  The
function  of  a  bench  warrant  is to achieve the court appearance of a
defendant in a pending criminal action for some purpose other  than  his
initial arraignment in the action.
31. "Prosecutor" means a district attorney or any other public servant
who represents the people in a criminal action.
32.  "District  attorney"  means  a  district  attorney,  an assistant
district  attorney  or  a  special   district   attorney,   and,   where
appropriate,  the  attorney  general,  an  assistant attorney general, a
deputy attorney general, a  special  deputy  attorney  general,  or  the
special  prosecutor  and  inspector general for the protection of people
with special needs or his or her  assistants  when  acting  pursuant  to
their  duties  in  matters arising under article twenty of the executive
law, or the inspector general of New York for transportation or  his  or
her  deputies  when  acting  pursuant to article four-B of the executive
law.
33. "Peace officer" means a person listed  in  section  2.10  of  this
chapter.
34. "Police officer." The following persons are police officers:
(a) A sworn member of the division of state police;
(b)  Sheriffs,  under-sheriffs and deputy sheriffs of counties outside
of New York City where such department is certified in  accordance  with
paragraph (d) of subdivision one of section eight hundred forty-six-h of
the executive law;
(c)  A  sworn officer of an authorized county or county parkway police
department  where  such  department  is  certified  in  accordance  with
paragraph (d) of subdivision one of section eight hundred forty-six-h of
the executive law;
(d)  A  sworn officer of an authorized police department or force of a
city, town, village or police district where such department or force is
certified in accordance with paragraph (d) of subdivision one of section
eight hundred forty-six-h of the executive law;
(e) A sworn officer of an authorized police department of an authority
or  a  sworn  officer of the state regional park police in the office of
parks and recreation where such department  or  force  is  certified  in
accordance  with  paragraph  (d)  of  subdivision  one  of section eight
hundred forty-six-h of the executive law;
(f) A sworn officer of the capital  police  force  of  the  office  of
general  services  where  such  force  is  certified  in accordance with
paragraph (d) of subdivision one of section eight hundred forty-six-h of
the executive law;
(g) An investigator employed in the office of a district attorney;
* (h)  An  investigator  employed  by  a  commission  created  by   an
interstate   compact,  or  by  section  six  of  chapter  eight  hundred
eighty-two of the laws of nineteen hundred fifty-three, constituting the
waterfront commission act, as amended, who is, to a substantial  extent,
engaged in the enforcement of the criminal laws of this state;
* NB Effective until June 30, 2024
* (h)  An  investigator employed by the New York Waterfront Commission
or  a  commission  created  by  an  interstate  compact  who  is,  to  a
substantial  extent,  engaged in the enforcement of the criminal laws of
this state;
* NB Effective June 30, 2024
(i) The chief and deputy fire marshals, the supervising fire  marshals
and  the  fire  marshals  of the bureau of fire investigation of the New
York City fire department;
(j) A sworn  officer  of  the  division  of  law  enforcement  in  the
department   of   environmental  conservation  where  such  division  is
certified in accordance with paragraph (d) of subdivision one of section
eight hundred forty-six-h of the executive law;
* (k) A sworn officer of a police force of a public authority  created
by  an  interstate  compact,  or by section six of chapter eight hundred
eighty-two of the laws of nineteen hundred fifty-three, constituting the
waterfront commission act, as amended, where such force is certified  in
accordance  with  paragraph  (d)  of  subdivision  one  of section eight
hundred forty-six-h of the executive law;
* NB Effective until June 30, 2024
* (k) A sworn officer of the  New  York  Waterfront  Commission  or  a
police  force  of  a  public  authority created by an interstate compact
where such force is  certified  in  accordance  with  paragraph  (d)  of
subdivision  one  of  section eight hundred forty-six-h of the executive
law;
* NB Effective June 30, 2024
(m) A special investigator employed in the statewide  organized  crime
task  force,  while  performing  his assigned duties pursuant to section
seventy-a of the executive law.
(n) A sworn officer of the Westchester  county  department  of  public
safety  services  who,  on  or prior to June thirtieth, nineteen hundred
seventy-nine was appointed  as  a  sworn  officer  of  the  division  of
Westchester  county parkway police or who was appointed on or after July
first, nineteen hundred seventy-nine to the  title  of  police  officer,
sergeant,  lieutenant,  captain  or  inspector  or  who,  on or prior to
January thirty-first, nineteen hundred eighty-three, was appointed as  a
Westchester county deputy sheriff.
(o)  A  sworn officer of the New York city department of environmental
protection police, employed by  the  city  of  New  York,  appointed  to

protect  the  sources,  works, and transmission of water supplied to the
city of New York, and to protect persons on or in the vicinity  of  such
water   sources,  works,  and  transmission  where  such  department  is
certified in accordance with paragraph (d) of subdivision one of section
eight hundred forty-six-h of the executive law;
(p)  Persons appointed as railroad police officers pursuant to section
eighty-eight of the railroad law  where  such  department  or  force  is
certified in accordance with paragraph (d) of subdivision one of section
eight hundred forty-six-h of the executive law;
(q) An employee of the department of taxation and finance (i) assigned
to  enforcement  of the taxes imposed under or pursuant to the authority
of article twelve-A of the tax law and administered by the  commissioner
of  taxation  and  finance,  taxes  imposed  under  or  pursuant  to the
authority of article eighteen of the tax law  and  administered  by  the
commissioner,  taxes  imposed  under  article  twenty of the tax law, or
sales or compensating  use  taxes  relating  to  petroleum  products  or
cigarettes  imposed  under  article  twenty-eight  or  pursuant  to  the
authority of article twenty-nine of the tax law and administered by  the
commissioner  or  (ii)  designated  as  a  revenue crimes specialist and
assigned to the enforcement of the taxes described in paragraph  (c)  of
subdivision  four  of  section  2.10  of  this title, for the purpose of
applying for and executing search warrants  under  article  six  hundred
ninety  of  this  chapter, for the purpose of acting as a claiming agent
under article  thirteen-A  of  the  civil  practice  law  and  rules  in
connection  with  the enforcement of the taxes referred to above and for
the purpose of executing warrants of arrest relating to  the  respective
crimes specified in subdivision four of section 2.10 of this title.
(r)  Any  employee  of  the  Suffolk county department of parks who is
appointed as a Suffolk county park police officer.
(s) A university police officer  appointed  by  the  state  university
pursuant  to  paragraph  1  of  subdivision two of section three hundred
fifty-five of the education  law  where  such  department  or  force  is
certified in accordance with paragraph (d) of subdivision one of section
eight hundred forty-six-h of the executive law;
(t)  A sworn officer of the department of public safety of the Buffalo
municipal housing authority who has achieved or been granted the  status
of  sworn  police  officer  and  has  been  certified by the division of
criminal justice services as successfully completing an  approved  basic
course for police officers.
(u)  Persons  appointed  as Indian police officers pursuant to section
one hundred fourteen of the Indian law where such department or force is
certified in accordance with paragraph (d) of subdivision one of section
eight hundred forty-six-h of the executive law;
(v) Supervisor of forest  ranger  services;  assistant  supervisor  of
forest  ranger services; forest ranger 3; forest ranger 2; forest ranger
1 employed by the state  department  of  environmental  conservation  or
sworn  officer  of the division of forest protection and fire management
in the department of environmental  conservation  responsible  for  wild
land  search  and  rescue,  wild  land  fire  management in the state as
prescribed in subdivision eighteen of section 9-0105 and title eleven of
article nine of the environmental  conservation  law,  exercising  care,
custody  and  control  of  state lands administered by the department of
environmental conservation.
34-a. "Geographical area of employment."  The  "geographical  area  of
employment" of certain police officers is as follows:
* (a)  Except  as  provided  in paragraph (d) of this subdivision, New
York state constitutes the "geographical  area  of  employment"  of  any
police  officer  employed  as  such  by  an agency of the state or by an

authority which functions throughout the  state,  or  a  police  officer
designated by the superintendent of state police pursuant to section two
hundred twenty-three of the executive law;
* NB Effective until September 1, 2025
* (a)  Except as provided in paragraph (d), New York state constitutes
the "geographical area of employment" of any police officer employed  as
such  by  an  agency  of  the  state  or by an authority which functions
throughout the state;
* NB Effective September 1, 2025
(b) A county, city, town or village, as the case may  be,  constitutes
the  "geographical area of employment" of any police officer employed as
such by an agency of such political subdivision or by an authority which
functions only in such political subdivision; and
(c) Where  an  authority  functions  in  more  than  one  county,  the
"geographical  area  of employment" of a police officer employed thereby
extends through all of such counties.
(d) The geographical area of employment of a police officer  appointed
by  the state university is the campuses and other property of the state
university, including any portion of a public highway which  crosses  or
abuts such property.
(e)  The geographical area of employment of a police officer appointed
pursuant to section one hundred fourteen of the Indian law is within the
county of Franklin, and within that county, only within the boundary  of
the  St.  Regis  reservation, except that if the superintendent of state
police has certified such officer with expanded jurisdiction within  the
county of Franklin, pursuant to subdivision eight-a of such section, the
geographical  area  of  employment  of  such  police  officer shall also
include the area of expanded jurisdiction set forth in that subdivision.
35. "Commitment to the custody of the sheriff," when referring  to  an
order  of  a  court  located in a county or city which has established a
department of  correction,  means  commitment  to  the  commissioner  of
correction of such county or city.
36.  "County" ordinarily means (a) any county outside of New York City
or (b) New York City in its entirety.  Unless  the  context  requires  a
different  construction,  New  York  City, despite its five counties, is
deemed a single county within the meaning  of  the  provisions  of  this
chapter in which that term appears.
37.  "Lesser  included  offense."  When  it  is impossible to commit a
particular crime without concomitantly committing, by the same  conduct,
another  offense  of lesser grade or degree, the latter is, with respect
to the former, a "lesser included offense." In any case in which  it  is
legally possible to attempt to commit a crime, an attempt to commit such
crime constitutes a lesser included offense with respect thereto.
38.  "Oath" includes an affirmation and every other mode authorized by
law of attesting to the truth of that which is stated.
39. "Petty offense" means a violation or a traffic infraction.
40. "Evidence in chief" means evidence, received at a trial  or  other
criminal  proceeding  in  which  a  defendant's guilt or innocence of an
offense is in issue, which may be considered as a part of the quantum of
substantive proof establishing or tending to establish the commission of
such offense  or  an  element  thereof  or  the  defendant's  connection
therewith.
41. "Armed felony" means any violent felony offense defined in section
70.02 of the penal law that includes as an element either:
(a) possession, being armed with or causing serious physical injury by
means  of a deadly weapon, if the weapon is a loaded weapon from which a
shot, readily capable of  producing  death  or  other  serious  physical
injury may be discharged; or
(b)  display of what appears to be a pistol, revolver, rifle, shotgun,
machine gun or other firearm.
* 42.  "Juvenile  offender" means (1) a person, thirteen years old who
is criminally responsible for acts constituting  murder  in  the  second
degree  as  defined in subdivisions one and two of section 125.25 of the
penal law, or  such  conduct  as  a  sexually  motivated  felony,  where
authorized pursuant to section 130.91 of the penal law; and (2) a person
fourteen  or  fifteen  years  old who is criminally responsible for acts
constituting the crimes defined in subdivisions one and two  of  section
125.25  (murder  in  the second degree) and in subdivision three of such
section provided that the underlying crime for the murder charge is  one
for   which  such  person  is  criminally  responsible;  section  135.25
(kidnapping in the first degree); 150.20 (arson in  the  first  degree);
subdivisions  one  and  two  of  section  120.10  (assault  in the first
degree); 125.20 (manslaughter in the first degree); subdivisions one and
two of section 130.35 (rape in the first degree); subdivisions  one  and
two  of section 130.50 (criminal sexual act in the first degree); 130.70
(aggravated sexual abuse in the first degree); 140.30 (burglary  in  the
first degree); subdivision one of section 140.25 (burglary in the second
degree);  150.15  (arson  in  the second degree); 160.15 (robbery in the
first degree); subdivision two of section 160.10 (robbery in the  second
degree) of the penal law; or section 265.03 of the penal law, where such
machine  gun  or  such  firearm  is possessed on school grounds, as that
phrase is defined in subdivision fourteen of section 220.00 of the penal
law; or defined in the penal law as an attempt to commit murder  in  the
second  degree  or  kidnapping in the first degree, or such conduct as a
sexually motivated felony, where authorized pursuant to  section  130.91
of the penal law.
* NB Effective until September 1, 2024
* 42.  "Juvenile  offender" means (1) a person, thirteen years old who
is criminally responsible for acts constituting  murder  in  the  second
degree  as  defined in subdivisions one and two of section 125.25 of the
penal law, or  such  conduct  as  a  sexually  motivated  felony,  where
authorized pursuant to section 130.91 of the penal law; and (2) a person
fourteen  or  fifteen  years  old who is criminally responsible for acts
constituting the crimes defined in subdivisions one and two  of  section
125.25  (murder  in  the second degree) and in subdivision three of such
section provided that the underlying crime for the murder charge is  one
for   which  such  person  is  criminally  responsible;  section  135.25
(kidnapping in the first degree); 150.20 (arson in  the  first  degree);
subdivisions  one  and  two  of  section  120.10  (assault  in the first
degree); 125.20 (manslaughter in the first degree); paragraphs  (a)  and
(b)  of  subdivision  one, paragraphs (a) and (b) of subdivision two and
paragraphs (a) and (b) of subdivision three of section 130.35  (rape  in
the  first  degree);  former  subdivisions one and two of section 130.35
(rape in the first degree); subdivisions one and two of  former  section
130.50;  130.70  (aggravated  sexual  abuse in the first degree); 140.30
(burglary in the  first  degree);  subdivision  one  of  section  140.25
(burglary  in  the  second degree); 150.15 (arson in the second degree);
160.15 (robbery in the first degree); subdivision two of section  160.10
(robbery  in  the  second degree) of the penal law; or section 265.03 of
the penal law, where such machine gun or such firearm  is  possessed  on
school  grounds,  as  that  phrase is defined in subdivision fourteen of
section 220.00 of the penal law; or defined  in  the  penal  law  as  an
attempt to commit murder in the second degree or kidnapping in the first
degree, or such conduct as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law.
* NB Effective September 1, 2024
43.  "Judicial  hearing officer" means a person so designated pursuant
to provisions of article twenty-two of the judiciary law.
44.  "Adolescent  offender"  means  a  person  charged  with  a felony
committed on or after October first, two thousand eighteen  when  he  or
she  was sixteen years of age or on or after October first, two thousand
nineteen, when he or she was seventeen years of age.
45. "Expunge" means, where an  arrest  and  any  enforcement  activity
connected with that arrest, including prosecution and any disposition in
any  New  York  state  court,  is  deemed  a  nullity and the accused is
restored, in contemplation of the law, to  the  status  such  individual
occupied before the arrest, prosecution and/or disposition; that records
of  such  arrest,  prosecution  and/or  disposition  shall  be marked as
expunged or shall be destroyed as set forth in section  160.50  of  this
chapter.  Neither the arrest nor prosecution and/or disposition, if any,
of a matter deemed a nullity shall operate as a disqualification of  any
person   so  accused  to  pursue  or  engage  in  any  lawful  activity,
occupation, profession or calling. Except where specifically required or
permitted by statute or upon specific authorization of a superior court,
no such person shall be required to divulge  information  pertaining  to
the arrest, prosecution and/or disposition of such a matter.