reglab/statecodes huggingface dataset:
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title I - Preliminary Proceedings in Superior Court › Article 190 - The Grand Jury and Its Proceedings › 190.80 - Grand Jury; Release of Defendant Upon Failure of Timely Grand Jury Action.

§ 190.80 Grand  jury;  release of defendant upon failure of timely grand
jury action.
Upon application of a defendant who on the basis of a felony complaint
has been held by a local criminal court for the action of a grand  jury,
and  who,  at  the  time  of  such order or subsequent thereto, has been
committed to the custody of the sheriff pending such grand jury  action,
and  who  has  been  confined  in such custody for a period of more than
forty-five days, or, in the case of a juvenile  offender  or  adolescent
offender,  thirty  days, without the occurrence of any grand jury action
or disposition pursuant to subdivision one,  two  or  three  of  section
190.60,  the  superior  court  by  which such grand jury was or is to be
impaneled must release him on his own recognizance unless:
(a) The lack of  a  grand  jury  disposition  during  such  period  of
confinement  was due to the defendant's request, action or condition, or
occurred with his consent; or
(b) The people have shown good cause why such order of release  should
not  be  issued. Such good cause must consist of some compelling fact or
circumstance which precluded grand jury  action  within  the  prescribed
period or rendered the same against the interest of justice.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title I - Preliminary Proceedings in Superior Court › Article 190 - The Grand Jury and Its Proceedings › 190.90 - Grand Jury; Appeal From Order Concerning Grand Jury Reports.

§ 190.90  Grand jury; appeal from order concerning grand jury reports.
1.    When  a  court makes an order accepting a report of a grand jury
  pursuant to paragraph (a) of subdivision  one  of  section  190.85,  any
  public  servant  named  therein  may  appeal the order; and when a court
  makes an order sealing a report of a grand jury pursuant to  subdivision
  five  of  section  190.85,  the  district  attorney  or  other  attorney
  designated by the grand jury may appeal the order.
2.  When a court makes an order sealing  a  report  of  a  grand  jury
  pursuant to subdivision five of section 190.85, the district attorney or
  other  attorney  designated by the grand jury may, within ten days after
  service of a copy of the order and report upon each public servant named
  in the report, appeal  the  order  to  the  appellate  division  of  the
  department  in which the order was made, by filing in duplicate a notice
  of appeal from the order with the clerk of the court in which the  order
  was  made  and by serving a copy of such notice of appeal upon each such
  public servant.   Notwithstanding  any  contrary  provision  of  section
  190.85,  a  true  copy  of the report of the grand jury shall be served,
  together with such notice of appeal, upon each such public servant.
3.  The mode of and time for perfecting an  appeal  pursuant  to  this
  section,  and  the  mode  of and procedure for the argument thereof, are
  determined by the rules of the appellate division of the  department  in
  which  the  appeal  is brought.   Such rules shall prescribe the matters
  referred to in subdivision one of section 460.70 and in section  460.80,
  except  that such appeal is a preferred cause and the appellate division
  of each department shall promulgate rules to effectuate such preference.
4.  The record and all other  presentations  on  appeal  shall  remain
  sealed,  except  that  upon  reversal of the order sealing the report or
  dismissal of the appeal of the named public  servant  by  the  appellate
  division, the report of the grand jury, with the appendix, if any, shall
  be  filed as a public record as provided in subdivision three of section
  190.85.
5.  The procedure provided for in this section shall be the  exclusive
  manner  of  reviewing  an  order made pursuant to section 190.85 and the
  appellate division of the supreme court shall be the sole  court  having
  jurisdiction  of  such  an appeal.   The order of the appellate division
  finally determining such appeal shall not be subject to  review  in  any
  other court or proceeding.
6.    The  grand  jury  in an appeal pursuant to this section shall be
  represented by the district attorney unless the report relates to him or
  his office,  in  which  event  the  grand  jury  may  designate  another
  attorney.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title I - Preliminary Proceedings in Superior Court › Article 195 - Waiver of Indictment › 195.10 - Waiver of Indictment; in General.

§ 195.10 Waiver of indictment; in general.
1.  A  defendant  may waive indictment and consent to be prosecuted by
superior court information when:
(a) a local criminal court has held the defendant for the action of  a
grand jury; and
(b)  the  defendant is not charged with a class A felony punishable by
death or life imprisonment; and
(c) the district attorney consents to the waiver.
2. A defendant may waive indictment pursuant  to  subdivision  one  in
either:
(a) the local criminal court in which the order was issued holding the
defendant  for action of a grand jury, at the time such order is issued;
or
(b) the appropriate superior court, at any time prior to the filing of
an indictment by the grand jury.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title I - Preliminary Proceedings in Superior Court › Article 195 - Waiver of Indictment › 195.20 - Waiver of Indictment; Written Instrument.

§ 195.20  Waiver of indictment; written instrument.
A  waiver  of  indictment  shall be evidenced by a written instrument,
which shall contain the name of the court in which it is  executed,  the
title  of  the action, and the name, date and approximate time and place
of each offense to be charged in the superior court  information  to  be
filed by the district attorney pursuant to section 195.40.  The offenses
named  may  include  any  offense  for  which the defendant was held for
action of a grand jury and any offense  or  offenses  properly  joinable
therewith  pursuant  to  sections 200.20 and 200.40.  The written waiver
shall also contain a statement by the defendant that he is aware that:
(a)  under the constitution of the state of New York he has the  right
to be prosecuted by indictment filed by a grand jury;
(b)  he  waives  such  right and consents to be prosecuted by superior
court information to be filed by the district attorney;
(c)   the superior court information  to  be  filed  by  the  district
attorney will charge the offenses named in the written waiver; and
(d)    the  superior  court  information  to  be filed by the district
attorney will have the same force and effect as an indictment filed by a
grand jury.
The written waiver shall be signed by the defendant in open  court  in
the  presence  of  his  attorney.   The consent of the district attorney
shall be endorsed thereon.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title I - Preliminary Proceedings in Superior Court › Article 195 - Waiver of Indictment › 195.30 - Waiver of Indictment; Approval of Waiver by the Court.

§ 195.30  Waiver of indictment; approval of waiver by the court.
The  court  shall  determine whether the waiver of indictment complies
  with the provisions of sections 195.10 and 195.20.   If  satisfied  that
  the  waiver  complies  with such provisions, the court shall approve the
  waiver and execute a written order to that effect.  When the  waiver  is
  approved  by  a  local  criminal  court,  the local criminal court shall
  promptly transmit to the appropriate superior court the  written  waiver
  and order approving the waiver, along with all other documents pertinent
  to  the  action.   Until such papers are received by the superior court,
  the action is deemed to be pending in the local criminal court.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title I - Preliminary Proceedings in Superior Court › Article 195 - Waiver of Indictment › 195.40 - Waiver of Indictment; Filing of Superior Court Information.

§ 195.40  Waiver of indictment; filing of superior court information.
When  indictment  is  waived in a superior court the district attorney
shall file a superior court information in such court at  the  time  the
waiver is executed.  When indictment is waived in a local criminal court
the  district  attorney  shall  file a superior court information in the
appropriate superior court within ten days of the execution of the court
order approving the waiver.   Upon  application  of  a  defendant  whose
waiver  of  indictment  has  been approved by the court, and who, at the
time of such approval or subsequent thereto, has been committed  to  the
custody  of  the  sheriff pending disposition of the action, and who has
been confined in such custody for a period of more than  ten  days  from
the  date  of  approval without the filing by the district attorney of a
superior court information, the superior court must release him  on  his
own recognizance unless:
(a)    The  failure  of the district attorney to file a superior court
information during such period of confinement  was  due  to  defendant's
request, action or condition or occurred with his consent; or
(b)  The people have shown good cause why such order of release should
not  be issued.  Such good cause must consist of some compelling fact or
circumstance  which  precluded  the  filing  of   the   superior   court
information within the prescribed period.
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 › 200.10 - Indictment; Definition.

§ 200.10 Indictment; definition.
An  indictment  is  a written accusation by a grand jury, filed with a
  superior court, charging a person, or two or more persons jointly,  with
  the  commission  of  a  crime,  or  with  the  commission of two or more
  offenses at least one of which is a crime. Except  as  used  in  Article
  190, the term indictment shall include a superior court information.
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 › 200.15 - Superior Court Information; Definition.

§ 200.15 Superior court information; definition.
A  superior  court  information  is a written accusation by a district
  attorney filed in a superior  court  pursuant  to  article  one  hundred
  ninety-five, charging a person, or two or more persons jointly, with the
  commission  of  a crime, or with the commission of two or more offenses,
  at least one of which is a crime.   A  superior  court  information  may
  include  any  offense  for  which the defendant was held for action of a
  grand jury and any  offense  or  offenses  properly  joinable  therewith
  pursuant to sections 200.20 and 200.40, but shall not include an offense
  not  named  in  the  written  waiver  of indictment executed pursuant to
  section 195.20.  A superior court information has  the  same  force  and
  effect  as  an  indictment  and  all  procedures  and  provisions of law
  applicable  to  indictments  are  also  applicable  to  superior   court
  informations, except where otherwise expressly provided.
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 › 200.30 - Indictment; Duplicitous Counts Prohibited.

§ 200.30  Indictment; duplicitous counts prohibited.
1.  Each count of an indictment may charge one offense only.
2.    For purpose of this section, a statutory provision which defines
  the offense named in  the  title  thereof  by  providing,  in  different
  subdivisions  or  paragraphs, different ways in which such named offense
  may be committed, defines a separate offense in each such subdivision or
  paragraph, and a count of an  indictment  charging  such  named  offense
  which,   without   specifying   or  clearly  indicating  the  particular
  subdivision or paragraph of the statutory provision, alleges facts which
  would support a conviction under  more  than  one  such  subdivision  or
  paragraph, charges more than one offense.
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 › 200.61 - Indictment; Special Information for Operators of For-Hire Vehicles.

§  200.61  Indictment;  special  information  for  operators of for-hire
vehicles.
1. The provisions of this section  shall  govern  the  procedures  for
determining  whether a defendant is eligible to receive the sentence set
forth in subdivision  one  of  section  60.07  of  the  penal  law  upon
conviction  of a specified offense as defined in subdivision two of such
section 60.07.
2. To receive the sentence set forth in  subdivision  one  of  section
60.07 of the penal law, an indictment for such specified offense must be
accompanied  by  a  special  information, filed by the district attorney
with the court, alleging that the victim of such offense was operating a
for-hire vehicle in the course of providing for-hire vehicle services at
the time of the commission of such offense.
3. Prior to the commencement of the trial, the court, in  the  absence
of  the  jury, must arraign the defendant upon such special information,
and must advise him that he may admit that the alleged  victim  of  such
offense  was  operating  a  for-hire  vehicle in the course of providing
for-hire vehicle services at the time of the alleged commission of  such
offense,  deny  such  allegation  or  remain  mute.  Depending  upon the
defendant's response, the  trial  of  the  indictment  must  proceed  as
follows:
(a)  If the defendant admits that the alleged victim of such specified
offense charged was operating  a  for-hire  vehicle  in  the  course  of
providing  for-hire  vehicle  services  at the time of the commission of
such alleged offense, such allegation, and only such  allegation,  shall
be  deemed  established for purposes of eligibility, if the defendant is
convicted of the underlying specified offense, for a  sentence  pursuant
to subdivision one of section 60.07 of the penal law.
(b)  If  the  defendant  denies  such  allegation or remains mute, the
people may, by proof beyond a reasonable doubt, prove as part  of  their
case  before  the  jury or, where the defendant has waived a jury trial,
the court, that the alleged victim  of  such  offense  was  operating  a
for-hire vehicle in the course of providing for-hire vehicle services at
the time of the commission of the offense.
4.  Where  a  jury,  pursuant to paragraph (b) of subdivision three of
this section, is charged with determining whether the alleged victim  of
such specified offense was operating a for-hire vehicle in the course of
providing for-hire vehicle services, such jury shall consider and render
its  verdict  on  such  matter only if it convicts the defendant of such
specified offense or specified offenses charged.
5. For  purposes  of  this  section,  the  terms  "for-hire  vehicle",
"for-hire  vehicle  services"  and  "specified  offense"  shall have the
meanings set forth in section 60.07 of the penal law.
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 › 200.62 - Indictment; Special Information for Child Sexual Assault Offender.

§ 200.62 Indictment;   special  information  for  child  sexual  assault
offender.
1. Whenever a person is  charged  with  the  commission  or  attempted
commission  of  an  offense defined in article one hundred thirty of the
penal law which constitutes a felony and it appears that the  victim  of
such  offense  was  less  than fifteen years old, an indictment for such
offense may be accompanied  by  a  special  information,  filed  by  the
district attorney with the court, alleging that the victim was less than
fifteen  years  old  at  the  time  of  the  commission  of the offense;
provided, however, that such an information need not be filed  when  the
age of the victim is an element of the offense.
2.  Prior  to trial, or after the commencement of the trial but before
the close of the people's case, the court, in the absence of  the  jury,
must  arraign  the defendant upon such information and advise him or her
that he or she may admit  such  allegation,  deny  it  or  remain  mute.
Depending  upon  the  defendant's  response, the trial of the indictment
must proceed as follows:
(a) If the defendant admits that the  alleged  victim  was  less  than
fifteen  years old at the time of the commission or attempted commission
of the offense, that allegation shall  be  deemed  established  for  all
subsequent  purposes,  including sentencing pursuant to section 70.07 of
the penal law.
(b) If the defendant denies  such  allegation  or  remains  mute,  the
people  may,  by  proof beyond a reasonable doubt, prove before the jury
or, where the defendant has waived a jury trial,  the  court,  that  the
alleged  victim  was  less  than  fifteen  years  old at the time of the
commission or attempted commission of the offense.
(c) Nothing in this subdivision shall prevent the people, in  a  trial
before  the  court  or  a jury, from making reference to and introducing
evidence of the victim's age.
3. Where a jury, pursuant to paragraph (b) of subdivision two of  this
section,  makes  the  determination of whether the alleged victim of the
offense was less than fifteen years old, such jury  shall  consider  and
render  its  verdict on such issue only after rendering its verdict with
regard to the offense.
4. A determination pursuant to this section that the victim  was  less
than  fifteen  years  old  at  the time of the commission of the offense
shall be binding in any future proceeding in which the issue  may  arise
unless   the  underlying  conviction  or  determination  is  vacated  or
reversed.
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 › 200.65 - Indictment; Special Information for Enterprise Corruption and Criminal Possession or Use of a Biological Weapon or Chemical Weapon.

§ 200.65 Indictment;  special  information for enterprise corruption and
criminal possession or use of a biological weapon or chemical
weapon.
When filing an  indictment  which  charges  enterprise  corruption  in
  violation  of  article  four  hundred  sixty  of the penal law, criminal
  possession of a chemical weapon or biological  weapon  in  violation  of
  section 490.37, 490.40, or 490.45 of the penal law, or criminal use of a
  chemical  weapon  or  biological  weapon in violation of section 490.47,
  490.50, or 490.55 of the penal law, the district attorney must submit  a
  statement  to  the  court  attesting  that  he  or  she has reviewed the
  substance of the evidence presented to the grand jury and concurs in the
  judgment that the charge is  consistent  with  legislative  findings  in
  article  four  hundred sixty or four hundred ninety of the penal law, as
  applicable. For purposes of this section only, "district attorney" means
  the district attorney of the county, the attorney general, or the deputy
  attorney general in charge of the organized crime task force,  or  where
  such person is actually absent or disabled, the person authorized to act
  in his or her stead.
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 › 200.70 - Indictment; Amendment Of.

§ 200.70 Indictment; amendment of.
1. At any time before or during trial, the court may, upon application
of  the  people  and  with notice to the defendant and opportunity to be
heard, order the amendment of an indictment  with  respect  to  defects,
errors  or  variances  from the proof relating to matters of form, time,
place, names of persons and the like, when such an  amendment  does  not
change  the  theory  or  theories of the prosecution as reflected in the
evidence before the grand jury which filed such indictment, or otherwise
tend to prejudice the defendant on  the  merits.  Where  the  accusatory
instrument  is  a  superior  court information, such an amendment may be
made when it does not tend to prejudice the  defendant  on  the  merits.
Upon  permitting  such an amendment, the court must, upon application of
the defendant, order any adjournment of the proceedings  which  may,  by
reason  of such amendment, be necessary to accord the defendant adequate
opportunity to prepare his defense.
2.  An indictment may not be amended in any respect which changes  the
theory  or  theories  of  the  prosecution  as reflected in the evidence
before the grand jury which filed it; nor may an indictment or  superior
court information be amended for the purpose of curing:
(a)  A failure thereof to charge or state an offense; or
(b)  Legal insufficiency of the factual allegations; or
(c)  A misjoinder of offenses; or
(d)  A misjoinder of defendants.
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 › 200.80 - Indictment; Superseding Indictments.

§ 200.80  Indictment; superseding indictments.
If  at  any  time before entry of a plea of guilty to an indictment or
  commencement of a trial thereof another indictment is filed in the  same
  court  charging  the  defendant  with  an  offense  charged in the first
  indictment, the first indictment  is,  with  respect  to  such  offense,
  superseded  by the second and, upon the defendant's arraignment upon the
  second indictment, the count  of  the  first  indictment  charging  such
  offense  must  be  dismissed by the court.  The first indictment is not,
  however, superseded with respect to any count  contained  therein  which
  charges  an offense not charged in the second indictment. Nothing herein
  precludes  the  filing  of  a  superseding  indictment  when  the  first
  accusatory instrument is a superior court information.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title I - Preliminary Proceedings in Superior Court › Article 210 - Proceedings in Superior Court From Filing of Indictment to Plea › 210.05 - Indictment and Superior Court Information Exclusive Methods of Prosecution.

§ 210.05  Indictment and superior court information exclusive methods of
prosecution.
The  only methods of prosecuting an offense in a superior court are by
  an indictment filed therewith by a grand jury or  by  a  superior  court
  information filed therewith by a district attorney.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title I - Preliminary Proceedings in Superior Court › Article 210 - Proceedings in Superior Court From Filing of Indictment to Plea › 210.15 - Arraignment Upon Indictment; Defendant's Rights, Court's Instructions and Bail Matters.

§  210.15  Arraignment  upon  indictment;  defendant's  rights,  court's
instructions and bail matters.
1. Upon the defendant's arraignment before a superior  court  upon  an
indictment,  the  court  must immediately inform him, or cause him to be
informed in its presence, of the charge or charges against him, and  the
district  attorney  must  cause  him  to be furnished with a copy of the
indictment.
2. The defendant has a right to the aid of counsel at the  arraignment
and  at  every  subsequent  stage of the action, and, if he appears upon
such arraignment without counsel, has the following rights:
(a) To an adjournment for the purpose of obtaining counsel; and
(b) To communicate, free of charge, by letter or by telephone provided
by the law enforcement facility where the defendant is held to  a  phone
number  located in the United States or Puerto Rico, for the purposes of
obtaining counsel and informing a relative or friend that he or she  has
been charged with an offense; and
(c)  To  have  counsel  assigned  by the court in any case where he is
financially unable to obtain the same.
3. The court must inform the defendant  of  all  rights  specified  in
subdivision  two.  The  court  must  accord the defendant opportunity to
exercise such rights and must itself take such affirmative action as  is
necessary to effectuate them.
5. If the defendant desires to proceed without the aid of counsel, the
court  must  permit  him  to  do so if it is satisfied that he made such
decision with knowledge of the significance thereof, but if it is not so
satisfied it may not  proceed  until  the  defendant  is  provided  with
counsel,  either  of  his own choosing or by assignment. A defendant who
proceeds at the arraignment without counsel does not waive his right  to
counsel,  and  the  court must inform him that he continues to have such
right as well as all the rights specified in subdivision two  which  are
necessary  to effectuate it, and that he may exercise such rights at any
stage of the action.
6. Upon the arraignment, the court, unless it intends to make a  final
disposition  of  the action immediately thereafter, must, as provided in
section 530.40, issue a securing order, releasing the defendant  on  his
own  recognizance or fixing bail or committing him to the custody of the
sheriff for his future appearance in such action.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title I - Preliminary Proceedings in Superior Court › Article 210 - Proceedings in Superior Court From Filing of Indictment to Plea › 210.25 - Motion to Dismiss Indictment; as Defective.

§ 210.25  Motion to dismiss indictment; as defective.
An  indictment  or  a count thereof is defective within the meaning of
  paragraph (a) of subdivision one of section 210.20 when:
1.  It does not substantially conform to the  requirements  stated  in
  article two hundred; provided that an indictment may not be dismissed as
  defective, but must instead be amended, where the defect or irregularity
  is of a kind that may be cured by amendment, pursuant to section 200.70,
  and where the people move to so amend; or
2.    The  allegations  demonstrate  that  the  court  does  not  have
  jurisdiction of the offense charged; or
3.  The statute defining the offense charged  is  unconstitutional  or
  otherwise invalid.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title I - Preliminary Proceedings in Superior Court › Article 210 - Proceedings in Superior Court From Filing of Indictment to Plea › 210.35 - Motion to Dismiss Indictment; Defective Grand Jury Proceeding.

§ 210.35  Motion to dismiss indictment; defective grand jury proceeding.
A  grand  jury proceeding is defective within the meaning of paragraph
  (c) of subdivision one of section 210.20 when:
1.  The grand jury was illegally constituted; or
2.   The proceeding is  conducted  before  fewer  than  sixteen  grand
  jurors; or
3.    Fewer  than  twelve  grand  jurors  concur in the finding of the
  indictment; or
4.  The defendant is not accorded an opportunity to appear and testify
  before the grand jury in  accordance  with  the  provisions  of  section
  190.50; or
5.    The proceeding otherwise fails to conform to the requirements of
  article one hundred ninety to such degree that the integrity thereof  is
  impaired and prejudice to the defendant may result.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title I - Preliminary Proceedings in Superior Court › Article 210 - Proceedings in Superior Court From Filing of Indictment to Plea › 210.40 - Motion to Dismiss Indictment; in Furtherance of Justice.

§ 210.40  Motion to dismiss indictment; in furtherance of justice.
1.  An indictment or any count thereof may be dismissed in furtherance
of  justice,  as provided in paragraph (i) of subdivision one of section
210.20, when, even though there may be  no  basis  for  dismissal  as  a
matter of law upon any ground specified in paragraphs (a) through (h) of
said  subdivision one of section 210.20, such dismissal is required as a
matter of judicial  discretion  by  the  existence  of  some  compelling
factor,   consideration   or  circumstance  clearly  demonstrating  that
conviction or prosecution of the defendant upon such indictment or count
would constitute or result in injustice.   In determining  whether  such
compelling  factor,  consideration,  or  circumstance  exists, the court
must, to the extent applicable, examine and consider,  individually  and
collectively, the following:
(a)  the seriousness and circumstances of the offense;
(b)  the extent of harm caused by the offense;
(c)    the  evidence  of  guilt, whether admissible or inadmissible at
trial;
(d)  the history, character and condition of the defendant;
(e)  any exceptionally serious misconduct of law enforcement personnel
in the investigation, arrest and prosecution of the defendant;
(f)  the purpose and effect of imposing upon the defendant a  sentence
authorized for the offense;
(g)    the  impact of a dismissal upon the confidence of the public in
the criminal justice system;
(h)   the impact of a dismissal  on  the  safety  or  welfare  of  the
community;
(i)    where  the  court  deems  it  appropriate,  the attitude of the
complainant or victim with respect to the motion;
(j)  any other relevant fact indicating that a judgment of  conviction
would serve no useful purpose.
2.  In  addition  to  the grounds specified in subdivision one of this
section, a count alleging enterprise corruption in violation of  article
four  hundred sixty of the penal law may be dismissed in the interest of
justice where prosecution of that count is inconsistent with the  stated
legislative  findings  in  said  article. Upon a motion pursuant to this
section, the court must inspect the evidence before the grand  jury  and
such other evidence or information as it may deem proper.
3.    An order dismissing an indictment in the interest of justice may
be issued upon motion of the people or of the court itself  as  well  as
upon  that of the defendant.  Upon issuing such an order, the court must
set forth its reasons therefor upon the record.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title I - Preliminary Proceedings in Superior Court › Article 210 - Proceedings in Superior Court From Filing of Indictment to Plea › 210.46 - Adjournment in Contemplation of Dismissal in Marihuana Cases in a Superior Court.

§  210.46   Adjournment in contemplation of dismissal in marihuana cases
in a superior court.
Upon or after arraignment in a superior court upon an indictment where
  the sole remaining count or counts charge a violation or  violations  of
  section  221.05,  221.10, 221.15, 221.35 or 221.40 of the penal law  and
  before the entry of a plea of guilty thereto or commencement of a  trial
  thereof,  the  court,  upon  motion  of  a defendant, may order that all
  proceedings be suspended and the action adjourned  in  contemplation  of
  dismissal  or  may  dismiss the indictment in furtherance of justice, in
  accordance with the provisions of section 170.56 of this chapter.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title I - Preliminary Proceedings in Superior Court › Article 210 - Proceedings in Superior Court From Filing of Indictment to Plea › 210.47 - Adjournment in Contemplation of Dismissal in Misdemeanor Cases in Superior Court.

§  210.47 Adjournment in contemplation of dismissal in misdemeanor cases
in superior court.
Upon or after the arraignment in a superior court upon  an  indictment
  where  the  sole remaining count or counts charge a misdemeanor offense,
  and before the entry of a plea of guilty thereto or  commencement  of  a
  trial thereof, the court, upon motion of the people or the defendant and
  with the consent of the other party, or upon the court's own motion with
  the  consent  of  both  the people and the defendant, may order that all
  proceedings be suspended and the action adjourned  in  contemplation  of
  dismissal,  in  accordance with the provisions of section 170.55 of this
  chapter.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title I - Preliminary Proceedings in Superior Court › Article 210 - Proceedings in Superior Court From Filing of Indictment to Plea › 210.50 - Requirement of Plea.

§ 210.50  Requirement of plea.
Unless  an  indictment  is  dismissed  or  the criminal action thereon
  terminated or abated pursuant to the provisions of this article or  some
  other  provision  of law, the defendant must be required to enter a plea
  thereto.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title I - Preliminary Proceedings in Superior Court › Article 215 - Adjournment in Contemplation of Dismissal for Purposes of Referring Selected Felonies to Dispute Resolution › 215.10 - Referral of Selected Felonies to Dispute Resolution.

§ 215.10 Referral of selected felonies to dispute resolution.
Upon  or  after  arraignment  in  a local criminal court upon a felony
  complaint, or upon or after arraignment in  a  superior  court  upon  an
  indictment  or  superior court information, and before final disposition
  thereof, the court, with the consent of the people and of the defendant,
  and with reasonable notice to the victim  and  an  opportunity  for  the
  victim  to  be  heard,  may  order  that  the  action  be  adjourned  in
  contemplation of dismissal, for the purpose of referring the action to a
  community dispute center established pursuant to article twenty-one-A of
  the judiciary law. Provided, however, that the court may not  order  any
  action  adjourned  in  contemplation  of  dismissal  if the defendant is
  charged therein with: (i) a class A felony, or  (ii)  a  violent  felony
  offense  as defined in section 70.02 of the penal law, or (iii) any drug
  offense as defined in article two hundred twenty of the  penal  law,  or
  (iv)  a  felony upon the conviction of which defendant must be sentenced
  as a second felony offender, a second  violent  felony  offender,  or  a
  persistent violent felony offender pursuant to sections 70.06, 70.04 and
  70.08  of  the  penal  law,  or  a  felony  upon the conviction of which
  defendant may be sentenced as a persistent felony offender  pursuant  to
  section 70.10 of such law.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title I - Preliminary Proceedings in Superior Court › Article 215 - Adjournment in Contemplation of Dismissal for Purposes of Referring Selected Felonies to Dispute Resolution › 215.20 - Victim; Definition.

§ 215.20 Victim; definition.
For  purposes  of  section  215.10 of this article, "victim" means any
  person alleged to have sustained physical or financial injury to  person
  or  property  as  a  direct  result  of the crime or crimes charged in a
  felony complaint, superior court information, or indictment.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title I - Preliminary Proceedings in Superior Court › Article 215 - Adjournment in Contemplation of Dismissal for Purposes of Referring Selected Felonies to Dispute Resolution › 215.30 - Adjournment in Contemplation of Dismissal; Restoration to Calendar; Dismissal of Action.

§ 215.30   Adjournment  in  contemplation  of dismissal; restoration to
calendar; dismissal of action.
Upon issuing  an  order  adjourning  an  action  in  contemplation  of
  dismissal  pursuant  to  section  215.10 of this article, the court must
  release the defendant on his own recognizance and refer the action to  a
  dispute  resolution  center established pursuant to article twenty-one-A
  of the judiciary law. No later than forty-five days after an action  has
  been  referred  to  a dispute resolution center, such center must advise
  the district attorney as to whether the charges against  defendant  have
  been  resolved.  Thereafter,  if  defendant  has  agreed  to pay a fine,
  restitution or reparation, the district attorney must be  advised  every
  thirty  days  as  to the status of such fine, restitution or reparation.
  Upon application of the people, made at  any  time  not  more  than  six
  months   after  the  issuance  of  an  order  adjourning  an  action  in
  contemplation of dismissal, the court may  restore  the  action  to  the
  calendar   upon   a  determination  that  dismissal  of  the  accusatory
  instrument would not be in furtherance of justice, and the  action  must
  thereupon  proceed.   Notwithstanding the foregoing, where defendant has
  agreed to pay a fine, restitution, or reparation, but has not paid  such
  fine, restitution or reparation, upon application of the people, made at
  any  time  not  more  than  one  year  after  the  issuance  of an order
  adjourning an action  in  contemplation  of  dismissal,  the  court  may
  restore  the  action to the calendar upon a determination that defendant
  has failed to pay such fine, restitution, or reparation, and the  action
  must thereupon proceed.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title I - Preliminary Proceedings in Superior Court › Article 215 - Adjournment in Contemplation of Dismissal for Purposes of Referring Selected Felonies to Dispute Resolution › 215.40 - Dismissal of Action; Effect Thereof; Records.

§ 215.40 Dismissal of action; effect thereof; records.
If  an action has not been restored to the calendar within six months,
  or where the  defendant  has  agreed  to  pay  a  fine,  restitution  or
  reparation but has not paid such fine, restitution or reparation, within
  one  year,  of  the  issuance  of  an  order  adjourning  the  action in
  contemplation of dismissal, the accusatory instrument shall be deemed to
  have been dismissed by the  court  in  furtherance  of  justice  at  the
  expiration  of  such  six  month or one year period, as the case may be.
  Upon dismissal of an action, the arrest and prosecution shall be  deemed
  a  nullity,  and  defendant  shall  be  restored to the status he or she
  occupied before his or  her  arrest  and  prosecution.  All  papers  and
  records  relating  to an action that has been dismissed pursuant to this
  section shall be subject to the sealing provisions of section 160.50  of
  this chapter.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 220 - The Plea › 220.35 - Hearing on Predicate Felony Conviction.

§ 220.35  Hearing on predicate felony conviction.
In  any case where the defendant offers to enter a plea of guilty of a
  misdemeanor to constitute a disposition of the entire indictment  or  to
  constitute  a  complete disposition of one or more other indictments, or
  both, and the permission of the court and the consent of the people must
  be withheld solely upon the ground that it  appears  the  defendant  has
  previously been subjected to a predicate felony conviction as defined in
  paragraph  (b)  of subdivision one of section 70.06 of the penal law the
  court, if the defendant does not admit such predicate felony conviction,
  may conduct the hearing required by section 400.21 for  the  purpose  of
  determining  whether  the  plea may be entered or must be rejected.  The
  finding upon any such hearing shall also be binding upon  the  defendant
  for the purpose of sentence.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 220 - The Plea › 220.40 - Plea; Plea of Not Guilty; Meaning.

§ 220.40  Plea; plea of not guilty; meaning.
A  plea  of not guilty constitutes a denial of every allegation of the
  indictment.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 220 - The Plea › 220.51 - Notice Before Entry of Plea or Trial Involving a Public Official.

§ 220.51 Notice  before  entry  of  plea  or  trial  involving  a public
official.
Prior to trial, and before accepting a defendant's plea to a count  or
  counts  of  an  indictment  or  a  superior court information charging a
  felony offense, the court must individually advise the defendant, on the
  record, that if at the time of the alleged felony  crime  the  defendant
  was  a  public  official,  as  defined in subdivision six of section one
  hundred fifty-six  of  the  retirement  and  social  security  law,  the
  defendant's  plea  of  guilty  and  the  court's  acceptance  thereof or
  conviction after trial may result in proceedings for  the  reduction  or
  revocation  of  such  defendant's pension pursuant to article three-B of
  the retirement and social security law.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 220 - The Plea › 220.60 - Plea; Change of Plea.

§ 220.60 Plea; change of plea.
1.  A  defendant who has entered a plea of not guilty to an indictment
  may as a matter of right withdraw such plea at any time before rendition
  of a verdict and enter  a  plea  of  guilty  to  the  entire  indictment
  pursuant   to   subdivision  two,  but  subject  to  the  limitation  in
  subdivision five of section 220.10.
2. A defendant who has entered a plea of not guilty to  an  indictment
  may,  with  both  the  permission  of  the  court and the consent of the
  people, withdraw such plea at any time before the rendition of a verdict
  and enter: (a) a plea of guilty to part of the  indictment  pursuant  to
  subdivision  three  or four but subject to the limitation in subdivision
  five of section 220.10, or (b) a plea of not responsible  by  reason  of
  mental disease or defect to the indictment pursuant to section 220.15 of
  this chapter.
3.  At  any  time  before the imposition of sentence, the court in its
  discretion may permit a defendant who has entered a plea  of  guilty  to
  the  entire  indictment  or  to part of the indictment, or a plea of not
  responsible by reason of mental disease  or  defect,  to  withdraw  such
  plea, and in such event the entire indictment, as it existed at the time
  of such plea, is restored.
4.  When  a  special  information  has  been filed pursuant to section
  200.61 or 200.62 of this chapter, a defendant may enter a plea of guilty
  to  the  count  or  counts  of  the  indictment  to  which  the  special
  information  applies  without  admitting  the allegations of the special
  information. Whenever a defendant enters a plea of guilty to  the  count
  or  counts  of  the  indictment to which the special information applies
  without admitting the allegations of the special information, the  court
  must,  unless  the  people  consent  otherwise,  conduct  a  hearing  in
  accordance with paragraph (b) of subdivision two of  section  200.62  or
  paragraph  (b)  of  subdivision three of section 200.61 of this chapter,
  whichever is applicable.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 230 - Removal of Action › 230.10 - Removal of Action; From Supreme Court to County Court and From County Court to Supreme Court; at Instance of Court.

§ 230.10  Removal of action; from supreme court to county court and from
county court to supreme court; at instance of court.
Upon  order  of  an appropriate court or judge, made at its or his own
  instance pursuant to rules established by the appellate division of  the
  appropriate  department,  (a) an indictment filed with the supreme court
  at a term held in a particular county outside  of  New  York  City  may,
  prior  to  entry  of a plea of guilty thereto or commencement of a trial
  thereof, be removed to the county court  of  such  county,  and  (b)  an
  indictment  filed  in  a  county  court  may similarly be removed to the
  supreme court at a term held or to be held in the same county.  Each  of
  the  appellate divisions of the second, third and fourth departments may
  establish rules authorizing such removals with respect to  the  superior
  courts  within  its department, and prescribing the courts or judges who
  may order such removals and other procedural matters involved therein.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 230 - Removal of Action › 230.11 - Removal of Action to Certain Courts Within a County.

§ 230.11 Removal of action to certain courts within a county.
1.  In any county outside a city having a population of one million or
more, upon or after arraignment of a defendant on an indictment  pending
in  a  superior  court having jurisdiction thereof, such court may, upon
motion of the defendant  and  after  giving  the  district  attorney  an
opportunity to be heard, order that the action be removed from the court
in  which the matter is pending to another court in the same county that
has been designated as a human trafficking court or  veterans  treatment
court  by  the  chief  administrator  of  the  courts,  and  such  human
trafficking court or veterans treatment  court  may  then  conduct  such
action  to  judgment or other final disposition; provided, however, that
no court may order removal  pursuant  to  this  section  to  a  veterans
treatment  court of a family offense charge described in subdivision one
of section 530.11 of this chapter  where  the  accused  and  the  person
alleged to be the victim of such offense charged are members of the same
family  or  household  as  defined  in  such  subdivision one of section
530.11; and provided further that an order of removal issued under  this
subdivision  shall  not  take  effect until five days after the date the
order is  issued  unless,  prior  to  such  effective  date,  the  human
trafficking  court  or  veterans treatment court notifies the court that
issued the order that:
(a) it will not accept the action, in which event the order shall  not
take effect; or
(b)  it will accept the action on a date prior to such effective date,
in which event the order shall take effect upon such prior date.
2. Upon providing notification pursuant to paragraph  (a)  or  (b)  of
subdivision one of this section, the human trafficking court or veterans
treatment  court shall promptly give notice to the defendant, his or her
counsel and the district attorney.