2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title I - Preliminary Proceedings in Superior Court › Article 200 - Indictment and Related Instruments › 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.