reglab/statecodes huggingface dataset:
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title H - Preliminary Proceedings in Local Criminal Court › Article 170 - Proceedings Upon Information, Simplified Traffic Information, Prosecutor's Information and Misdemeanor Complaint From Arraignment to Plea › 170.45 - Motion to Dismiss Information, Simplified Traffic Information, Prosecutor's Information or Misdemeanor Complaint; Procedure.

§  170.45 Motion to dismiss information, simplified traffic information,
prosecutor's   information   or   misdemeanor    complaint;
procedure.
The  procedural rules prescribed in section 210.45 with respect to the
  making,  consideration  and  disposition  of  a  motion  to  dismiss  an
  indictment  are also applicable to a motion to dismiss an information, a
  simplified  traffic  information,  a  prosecutor's  information   or   a
  misdemeanor complaint.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title H - Preliminary Proceedings in Local Criminal Court › Article 170 - Proceedings Upon Information, Simplified Traffic Information, Prosecutor's Information and Misdemeanor Complaint From Arraignment to Plea › 170.50 - Motion in Superior Court to Dismiss Prosecutor's Information.

§ 170.50 Motion in superior court to dismiss prosecutor's information.
1.    At  any  time after arraignment in a local criminal court upon a
prosecutor's information filed at the direction  of  a  grand  jury  and
before  entry  of  a  plea  of guilty thereto or commencement of a trial
thereof, the local criminal court wherein the  prosecutor's  information
is  filed  may,  upon motion of the defendant, dismiss such prosecutor's
information or a count thereof upon the ground that:
(a)  The evidence before the grand jury was not legally sufficient  to
support the charge; or
(b)    The  grand  jury  proceeding  resulting  in  the filing of such
prosecutor's information was defective.
2.  The criteria and procedures for consideration and  disposition  of
such  motion  are  the  same  as those prescribed in sections 210.30 and
210.35, governing consideration and disposition of a motion  to  dismiss
an  indictment  on the ground of insufficiency of grand jury evidence or
of a defective  grand  jury  proceeding;  and,  where  appropriate,  the
general  procedural rules prescribed in section 210.45 for consideration
and  disposition  of  a  motion  to  dismiss  an  indictment  are   also
applicable.
3.    Upon  dismissing  a  prosecutor's information or a count thereof
pursuant to this section, the court may, upon application of the people,
in its discretion authorize the people to resubmit the charge or charges
to  the  same  or  another  grand  jury.    In  the  absence   of   such
authorization,  such charge or charges may not be resubmitted to a grand
jury.  The rules prescribed in subdivisions eight and  nine  of  section
210.45   concerning  the  discharge  of  a  defendant  from  custody  or
exoneration of bail in the absence of an authorization  to  resubmit  an
indictment  to  a  grand jury, and concerning the issuance of a securing
order and the effective period thereof where such  an  authorization  is
issued,  apply  equally  where  a  prosecutor's information is dismissed
pursuant to this section.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title H - Preliminary Proceedings in Local Criminal Court › Article 170 - Proceedings Upon Information, Simplified Traffic Information, Prosecutor's Information and Misdemeanor Complaint From Arraignment to Plea › 170.60 - Requirement of Plea to Information, Simplified Information or Prosecutor's Information.

§  170.60  Requirement of plea to information, simplified information or
prosecutor's information.
Unless an information, a  simplified  information  or  a  prosecutor's
  information  is  dismissed  or the criminal action thereon terminated or
  abated pursuant to a provision 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 H - Preliminary Proceedings in Local Criminal Court › Article 170 - Proceedings Upon Information, Simplified Traffic Information, Prosecutor's Information and Misdemeanor Complaint From Arraignment to Plea › 170.65 - Replacement of Misdemeanor Complaint by Information and Waiver Thereof.

§  170.65 Replacement of misdemeanor complaint by information and waiver
thereof.
1.  A defendant against whom a misdemeanor complaint is pending is not
  required to enter a plea thereto.   For purposes  of  prosecution,  such
  instrument must, except as provided in subdivision three, be replaced by
  an  information,  and  the  defendant must be arraigned thereon.  If the
  misdemeanor complaint is supplemented by  a  supporting  deposition  and
  such  instruments  taken  together  satisfy the requirements for a valid
  information, such misdemeanor complaint is deemed to have been converted
  to and to constitute a replacing information.
2.  An information which replaces a  misdemeanor  complaint  need  not
  charge the same offense or offenses, but at least one count thereof must
  charge  the commission by the defendant of an offense based upon conduct
  which was the subject of the misdemeanor complaint.   In  addition,  the
  information  may,  subject  to  the  rules  of joinder, charge any other
  offense which the factual  allegations  thereof  or  of  any  supporting
  depositions  accompanying  it  are  legally  sufficient to support, even
  though such offense is not based upon conduct which was the  subject  of
  the misdemeanor complaint.
3.    A  defendant who has been arraigned upon a misdemeanor complaint
  may waive prosecution by information and consent to be  prosecuted  upon
  the  misdemeanor  complaint.    In  such  case,  the  defendant  must be
  required, either upon the date of the waiver or subsequent  thereto,  to
  enter a plea to the misdemeanor complaint.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title H - Preliminary Proceedings in Local Criminal Court › Article 170 - Proceedings Upon Information, Simplified Traffic Information, Prosecutor's Information and Misdemeanor Complaint From Arraignment to Plea › 170.70 - Release of Defendant Upon Failure to Replace Misdemeanor Complaint by Information.

§  170.70  Release  of  defendant  upon  failure  to replace misdemeanor
complaint by information.
Upon application of a defendant against whom a  misdemeanor  complaint
  is pending in a local criminal court, and who, either at the time of his
  arraignment  thereon  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 five days, not
  including  Sunday,  without  any  information  having  been   filed   in
  replacement  of  such  misdemeanor  complaint,  the  criminal court must
  release the defendant on his own recognizance unless:
1.  The defendant has waived prosecution by information and  consented
  to be prosecuted upon the misdemeanor complaint, pursuant to subdivision
  three of section 170.65; or
2.   The court is satisfied that there is good cause why such order of
  release should not be issued.   Such good cause  must  consist  of  some
  compelling  fact  or  circumstance  which  precluded  replacement of the
  misdemeanor complaint by an information or  a  prosecutor's  information
  within the prescribed period.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title H - Preliminary Proceedings in Local Criminal Court › Article 180 - Proceedings Upon Felony Complaint From Arraignment Thereon Through Disposition Thereof › 180.30 - Proceedings Upon Felony Complaint; Waiver of Hearing; Action to Be Taken.

§ 180.30 Proceedings upon felony complaint; waiver of hearing; action to
be taken.
If the defendant waives a hearing upon the felony complaint, the court
  must either:
1.  Order that the defendant be held for the action of a grand jury of
  the  appropriate  superior  court  with respect to the charge or charges
  contained in the felony  complaint.    In  such  case,  the  court  must
  promptly   transmit  to  such  superior  court  the  order,  the  felony
  complaint, the supporting depositions and all other pertinent documents.
  Until such papers are received by the  superior  court,  the  action  is
  deemed to be still pending in the local criminal court; or
2.    Make  inquiry,  pursuant  to  section 180.50, for the purpose of
  determining whether the felony complaint  should  be  dismissed  and  an
  information, a prosecutor's information or a misdemeanor complaint filed
  with the court in lieu thereof.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title H - Preliminary Proceedings in Local Criminal Court › Article 180 - Proceedings Upon Felony Complaint From Arraignment Thereon Through Disposition Thereof › 180.40 - Proceedings Upon Felony Complaint; Application in Superior Court Following Hearing or Waiver of Hearing.

§  180.40  Proceedings  upon  felony  complaint; application in superior
court following hearing or waiver of hearing.
Where the local criminal court has held a defendant for the action  of
  a  grand jury, the district attorney may, at any time before such matter
  is submitted to the grand jury, apply,  ex  parte,  to  the  appropriate
  superior  court  for  an  order  directing that the felony complaint and
  other papers transmitted to such court pursuant to  subdivision  one  of
  section   180.30   be   returned   to   the  local  criminal  court  for
  reconsideration of the action to be taken.  The superior court may issue
  such an order if it is satisfied that the felony complaint is  defective
  or that such action is required in the interest of justice.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title H - Preliminary Proceedings in Local Criminal Court › Article 180 - Proceedings Upon Felony Complaint From Arraignment Thereon Through Disposition Thereof › 180.60 - Proceedings Upon Felony Complaint; the Hearing; Conduct Thereof.

§  180.60  Proceedings  upon  felony  complaint;  the  hearing;  conduct
thereof.
A hearing upon a felony complaint must be conducted as follows:
1.  The district attorney must conduct such hearing on behalf  of  the
  people.
2.  The defendant may as a matter of right be present at such hearing.
3.   The court must read to the defendant the felony complaint and any
  supporting depositions unless the defendant waives such reading.
4.  Each witness, whether called by the people or  by  the  defendant,
  must, unless he would be authorized to give unsworn evidence at a trial,
  testify under oath.  Each witness, including any defendant testifying in
  his own behalf, may be cross-examined.
5.    The people must call and examine witnesses and offer evidence in
  support of the charge.
6.   The defendant may, as a matter  of  right,  testify  in  his  own
  behalf.
7.    Upon  request  of  the  defendant, the court may, as a matter of
  discretion, permit him to call and examine other witnesses or to produce
  other evidence in his behalf.
8.  Upon such a hearing, only non-hearsay evidence  is  admissible  to
  demonstrate  reasonable  cause to believe that the defendant committed a
  felony; except that reports of experts and technicians  in  professional
  and  scientific  fields  and  sworn statements of the kinds specified in
  subdivisions two and three of section 190.30 are admissible to the  same
  extent  as in a grand jury proceeding, unless the court determines, upon
  application of the defendant, that such hearsay evidence is,  under  the
  particular  circumstances  of  the  case,  not sufficiently reliable, in
  which case the court shall require that the witness  testify  in  person
  and be subject to cross-examination.
9.    The  court  may,  upon application of the defendant, exclude the
  public from the hearing and direct that no disclosure  be  made  of  the
  proceedings.
10.  Such hearing should be completed at one session.  In the interest
  of  justice,  however,  it  may  be  adjourned  by the court but, in the
  absence of a showing of good cause therefor, no such adjournment may  be
  for more than one day.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title H - Preliminary Proceedings in Local Criminal Court › Article 180 - Proceedings Upon Felony Complaint From Arraignment Thereon Through Disposition Thereof › 180.70 - Proceedings Upon Felony Complaint; Disposition of Felony Complaint After Hearing.

§  180.70  Proceedings  upon  felony  complaint;  disposition  of felony
complaint after hearing.
At the conclusion of a hearing, the court must dispose of  the  felony
  complaint as follows:
1.    If  there  is  reasonable  cause  to  believe that the defendant
  committed a felony, the court must, except as  provided  in  subdivision
  three,  order  that the defendant be held for the action of a grand jury
  of the appropriate superior court, and it must promptly transmit to such
  superior  court  the  order,  the  felony  complaint,   the   supporting
  depositions  and  all  other pertinent documents.  Until such papers are
  received by the superior court, the action is deemed to be still pending
  in the local criminal court.
2.  If there is not reasonable cause to  believe  that  the  defendant
  committed  a  felony  but  there  is reasonable cause to believe that he
  committed an offense other than a felony, the court  may,  by  means  of
  procedures prescribed in subdivision three of section 180.50, reduce the
  charge to one for such non-felony offense.
3.    If  there  is  reasonable  cause  to  believe that the defendant
  committed a felony in addition to a non-felony offense, the  court  may,
  instead of ordering the defendant held for the action of a grand jury as
  provided  in  subdivision  one,  reduce  the  charge  to  one  for  such
  non-felony offense  as  provided  in  subdivision  two,  if  (a)  it  is
  satisfied that such reduction is in the interest of justice, and (b) the
  district  attorney  consents  thereto; provided, however, that the court
  may not order such reduction where there is reasonable cause to  believe
  the  defendant  committed  a class A felony, other than those defined in
  article two hundred twenty of the penal law,  or  any  armed  felony  as
  defined in subdivision forty-one of section 1.20.
4.    If  there  is not reasonable cause to believe that the defendant
  committed any offense, the court must dismiss the felony  complaint  and
  discharge  the  defendant from custody if he is in custody, or, if he is
  at liberty on bail, it must exonerate the bail.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title H - Preliminary Proceedings in Local Criminal Court › Article 180 - Proceedings Upon Felony Complaint From Arraignment Thereon Through Disposition Thereof › 180.75 - Proceedings Upon Felony Complaint; Juvenile Offender.

§ 180.75 Proceedings upon felony complaint; juvenile offender.
1. When a juvenile offender or adolescent offender is arraigned before
  the  youth  part  of  a superior court or the most accessible magistrate
  designated by the  appellate  division  of  the  supreme  court  in  the
  applicable  department to act as a youth part, the provisions of article
  seven hundred twenty-two of this chapter shall  apply  in  lieu  of  the
  provisions of sections 180.30, 180.50 and 180.70 of this article.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title H - Preliminary Proceedings in Local Criminal Court › Article 180 - Proceedings Upon Felony Complaint From Arraignment Thereon Through Disposition Thereof › 180.80 - Proceedings Upon Felony Complaint; Release of Defendant From Custody Upon Failure of Timely Disposition.

§  180.80  Proceedings  upon felony complaint; release of defendant from
custody upon failure of timely disposition.
Upon application of a defendant against whom a  felony  complaint  has
been  filed  with a local criminal court or the youth part of a superior
court, and who, since the time of his arrest or subsequent thereto,  has
been  held  in custody pending disposition of such felony complaint, and
who has been confined in such custody for a  period  of  more  than  one
hundred  twenty  hours or, in the event that a Saturday, Sunday or legal
holiday occurs  during  such  custody,  one  hundred  forty-four  hours,
without  either a disposition of the felony complaint or commencement of
a hearing thereon, the court must release him on  his  own  recognizance
unless:
1.  The  failure  to  dispose of the felony complaint or to commence a
hearing thereon during  such  period  of  confinement  was  due  to  the
defendant's  request, action or condition, or occurred with his consent;
or
2. Prior to the application:
(a) The district attorney files with the court a written certification
that an indictment has been voted; or
(b) An indictment or a direction to file  a  prosecutor's  information
charging  an  offense based upon conduct alleged in the felony complaint
was filed by a grand jury; or
3. The court is satisfied that 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 disposition of
the felony complaint within  the  prescribed  period  or  rendered  such
action against the interest of justice.
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title H - Preliminary Proceedings in Local Criminal Court › Article 182 - Alternate Method of Court Appearance › 182.10 - Definition of Terms.

* § 182.10 Definition of terms.
As used in this article:
1.  "Independent  audio-visual  system" means an electronic system for
  the transmission and receiving of audio and visual signals, encompassing
  encoded signals, frequency domain multiplexing or other  suitable  means
  to  preclude  the  unauthorized reception and decoding of the signals by
  commercially available  television  receivers,  channel  converters,  or
  other available receiving devices.
2.  "Electronic  appearance"  means  an  appearance  in  which various
  participants, including the defendant, are not present in the court, but
  in which, by means of an independent audio-visual system, (a) all of the
  participants are simultaneously able to see and  hear  reproductions  of
  the  voices and images of the judge, counsel, defendant, police officer,
  and any other appropriate participant, and (b) counsel is  present  with
  the defendant, or if the defendant waives the presence of counsel on the
  record,  the  defendant  and his or her counsel are able to see and hear
  each other and engage in private conversation.
* NB Repealed September 1, 2025
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title H - Preliminary Proceedings in Local Criminal Court › Article 182 - Alternate Method of Court Appearance › 182.20 - Electronic Appearance; General Rule.

* § 182.20 Electronic appearance; general rule.
1.  Notwithstanding  any other provision of law and except as provided
  in section 182.30 of this article, the court,  in  its  discretion,  may
  dispense  with  the  personal  appearance  of  the  defendant, except an
  appearance at a hearing or trial, and conduct an  electronic  appearance
  in  connection  with a criminal action pending in Albany, Bronx, Broome,
  Erie, Jefferson, Kings, New York, Niagara,  Oneida,  Onondaga,  Ontario,
  Orange,  Orleans,  Putnam,  Queens,  Richmond,  Rockland,  Saratoga, St.
  Lawrence, Seneca, Steuben, Tompkins, Chautauqua,  Cattaraugus,  Clinton,
  Essex,  Montgomery,  Rensselaer, Sullivan, Warren, Westchester, Suffolk,
  Herkimer, Franklin, Chemung, Schuyler, or Yates  county,  provided  that
  the  chief  administrator  of  the  courts  has  authorized  the  use of
  electronic  appearance  and  the  defendant,  after  consultation   with
  counsel,  consents  on the record. Such consent shall be required at the
  commencement  of  each  electronic   appearance   to   such   electronic
  appearance.
2.  If,  for  any reason, the court determines on its own motion or on
  the motion of any party that the conduct of an electronic appearance may
  impair the legal rights of  the  defendant,  it  shall  not  permit  the
  electronic  appearance to proceed. If, for any other articulated reason,
  either party requests at any time during the electronic appearance  that
  such  appearance  be  terminated, the court shall grant such request and
  adjourn the proceeding to a date certain. Upon the  adjourned  date  the
  proceeding  shall be recommenced from the point at which the request for
  termination of the electronic appearance had been granted.
3. The electronic appearance shall be  conducted  in  accordance  with
  rules issued by the chief administrator of the courts.
4.  When  the  defendant  makes  an  electronic  appearance, the court
  stenographer shall record any statements in the same manner  as  if  the
  defendant had made a personal appearance. No electronic recording of any
  electronic  appearance may be made, viewed or inspected except as may be
  authorized by the rules issued by the chief administrator of the courts.
* NB Repealed September 1, 2025
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title H - Preliminary Proceedings in Local Criminal Court › Article 182 - Alternate Method of Court Appearance › 182.30 - Electronic Appearance; Conditions and Limitations.

* § 182.30 Electronic appearance; conditions and limitations.
The  following  conditions  and  limitations  apply  to all electronic
  appearances:
1. The defendant may not enter a plea of guilty to,  or  be  sentenced
  upon a conviction of, a felony.
2.  The defendant may not enter a plea of not responsible by reason of
  mental disease or defect.
3. The defendant may not be  committed  to  the  state  department  of
  mental hygiene pursuant to article seven hundred thirty of this chapter.
4.  The  defendant  may  not  enter  a plea of guilty to a misdemeanor
  conditioned upon a promise of incarceration  unless  such  incarceration
  will  be  imposed  only  in the event that the defendant fails to comply
  with a term or condition imposed under the original sentence.
5. A defendant who has been convicted of  a  misdemeanor  may  not  be
  sentenced  to  a  period  of  incarceration  which  exceeds the time the
  defendant has already served when sentence is imposed.
* NB Repealed September 1, 2025
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title H - Preliminary Proceedings in Local Criminal Court › Article 182 - Alternate Method of Court Appearance › 182.40 - Approval by the Chief Administrator of the Courts.

* § 182.40 Approval by the chief administrator of the courts.
1.  The  appropriate  administrative  judge  shall submit to the chief
  administrator of the courts a written proposal for the use of electronic
  appearance in his or her jurisdiction. If the chief administrator of the
  courts  approves  the   proposal,   installation   of   an   independent
  audio-visual system may begin.
2.  Upon completion of the installation of an independent audio-visual
  system, the commission on cable  television  shall  inspect,  test,  and
  examine  the  independent  audio-visual  system and certify to the chief
  administrator of  the  courts  whether  the  system  complies  with  the
  definition  of  an  independent  audio-visual  system and is technically
  suitable for the conducting of electronic appearances as intended.
3. The chief administrator of the courts shall issue  rules  governing
  the use of electronic appearances.
* NB Repealed September 1, 2025
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title H - Preliminary Proceedings in Local Criminal Court › Article 185 - Alternate Method of Arraignment › 185.10 - Definition of Terms.

* § 185.10  Definition of terms.
As used in this article:
1.   "Independent audio-visual system" shall mean an electronic system
  for  the  transmission  and  receiving  of  audio  and  visual  signals,
  encompassing  encoded  signals,  frequency  domain multiplexing or other
  suitable means to preclude the unauthorized reception  and  decoding  of
  the  signals  by  commercially  available  television receivers, channel
  converters, or other available receiving devices.
2.  "Electronic arraignment" means an  arraignment  in  which  various
  participants, including the defendant, are not personally present in the
  court  but  in  which all of the participants are simultaneously able to
  see and hear reproductions of  the  voices  and  images  of  the  judge,
  counsels,   defendant,   police   officer   and  any  other  appropriate
  participant, by means of an independent audio-visual system.
  * NB Expired September 1, 1983
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title H - Preliminary Proceedings in Local Criminal Court › Article 185 - Alternate Method of Arraignment › 185.20 - Electronic Arraignment.

* § 185.20  Electronic arraignment.
Notwithstanding  the  provisions  of subdivision nine of section 1.20,
  sections 110.10, 120.10, 120.40, 120.90, 140.20, 140.27, 140.40,  170.10
  and 180.10 of this chapter or any other provision of law as they pertain
  to  a defendant's personal appearance at arraignment, in Suffolk county,
  the court in its discretion may dispense with the  defendant's  personal
  appearance  at  the  arraignment  and conduct an electronic arraignment,
  provided that:
1.  The defendant has waived in writing his right to personally appear
  at his arraignment and has consented to be arraigned by  the  electronic
  arraignment process;
2.   The district attorney has consented to the electronic arraignment
  process for the defendant;
3.  The personal appearance of the defendant at the arraignment  would
  result in an unreasonable delay in the preliminary proceeding; and
4.    The  chief administrator of the courts has authorized the use of
  electronic arraignments for the court, pursuant  to  the  provisions  of
  section 185.40 of this article.
  * NB Expired September 1, 1983
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title H - Preliminary Proceedings in Local Criminal Court › Article 185 - Alternate Method of Arraignment › 185.30 - Conditions and Limitations on Electronic Arraignment.

* § 185.30 Conditions and limitations on electronic arraignment.
Whenever  a person is arraigned by means of an electronic arraignment,
  the following conditions and limitations shall apply:
1.  The defendant may not enter a plea of guilty;
2.   The electronic arraignment process may  be  used  only  when  the
  accusatory instrument does not charge a felony;
3.   No electronic recording of an electronic arraignment may be made,
  viewed or inspected except as may be authorized by rules  of  the  chief
  administrator of the courts; and
4.    Stenographic  recording  of the arraignment shall be made to the
  same extent as if  it  were  an  ordinary  arraignment  rather  than  an
  electronic arraignment.
  * NB Expired September 1, 1983
2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title H - Preliminary Proceedings in Local Criminal Court › Article 185 - Alternate Method of Arraignment › 185.40 - Approval by the Chief Administrator of the Courts.

* § 185.40  Approval by the chief administrator of the courts.
1.    The  appropriate  administrative judge shall submit to the chief
  administrator of the courts a written proposal for the use of electronic
  arraignments  for  a  particular  court  and  the  precincts  under  the
  jurisdiction  of  that court.   If the chief administrator of the courts
  approves the proposal, installation  of  an    independent  audio-visual
  system may begin.
2.  Upon completion of the installation of an independent audio-visual
  system,  the  commission  on  cable  television  shall inspect, test and
  examine the independent audio-visual system and  certify  to  the  chief
  administrator  of  the  courts  whether  the  system  complies  with the
  definition of an independent  audio-visual  system  and  is  technically
  suitable for the conducting of electronic arraignments as intended.
3.   The use by a court of an approved independent audio-visual system
  for the purpose of authorized electronic arraignments, shall  be  for  a
  period  of  two  years  from  the  date  of  authorization  by the chief
  administrator of the courts.
4.  The chief administrator of the courts may withdraw approval of the
  authorization at any time.
  * NB Expired September 1, 1983
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 › 190.05 - Grand Jury; Definition and General Functions.

§ 190.05 Grand jury; definition and general functions.
A  grand  jury  is a body consisting of not less than sixteen nor more
  than  twenty-three  persons,  impaneled  by   a   superior   court   and
  constituting  a  part  of such court, the functions of which are to hear
  and examine evidence  concerning  offenses  and  concerning  misconduct,
  nonfeasance and neglect in public office, whether criminal or otherwise,
  and  to take action with respect to such evidence as provided in section
  190.60.
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 › 190.10 - Grand Jury; for What Courts Drawn.

§ 190.10 Grand jury; for what courts drawn.
The  appellate  division of each judicial department shall adopt rules
  governing the number and the terms for which grand juries shall be drawn
  and impaneled by the superior courts within  its  department;  provided,
  however,  that  a  grand  jury  may  be  drawn  and  impaneled  for  any
  extraordinary term of the supreme court upon  the  order  of  a  justice
  assigned to hold such term.
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 › 190.15 - Grand Jury; Duration of Term and Discharge.

§ 190.15 Grand jury; duration of term and discharge.
1.    A  term  of  a  superior  court  for which a grand jury has been
  impaneled remains in existence at least until and including the  opening
  date  of  the  next  term  of such court for which a grand jury has been
  designated.  Upon such date, or within five days preceding it, the court
  may, upon declaration of both the grand jury and the  district  attorney
  that such grand jury has not yet completed or will be unable to complete
  certain  business  before it, extend the term of court and the existence
  of such grand jury to a specified  future  date,  and  may  subsequently
  order further extensions for such purpose.
2.    At  any  time  when  a  grand  jury  is  in  recess and no other
  appropriate grand jury is in existence in the  county,  the  court  may,
  upon  application  of  the district attorney or of a defendant held by a
  local criminal court for the action of a grand jury,  order  such  grand
  jury reconvened for the purpose of dealing with a matter requiring grand
  jury action.
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 › 190.20 - Grand Jury; Formation, Organization and Other Matters Preliminary to Assumption of Duties.

§   190.20   Grand  jury;  formation,  organization  and  other  matters
preliminary to assumption of duties.
1. The mode of selecting grand jurors and of  drawing  and  impaneling
grand juries is governed by the judiciary law.
2.  Neither the grand jury panel nor any individual grand juror may be
challenged, but the court may:
(a) At any time before a grand jury is sworn, discharge the panel  and
summon  another  panel  if  it  finds  that  the original panel does not
substantially conform to the requirements of the judiciary law; or
(b) At any time after a grand juror is drawn, refuse to swear him,  or
discharge  him  after  he  has  been  sworn,  upon  a finding that he is
disqualified from service pursuant to the judiciary law, or incapable of
performing his duties  because  of  bias  or  prejudice,  or  guilty  of
misconduct in the performance of his duties such as to impair the proper
functioning of the grand jury.
3.  After  a grand jury has been impaneled, the court must appoint one
of the grand jurors as foreman and another to act as foreman during  any
absence  or  disability of the foreman. At some time before commencement
of their duties, the grand jurors must appoint one of  their  number  as
secretary  to  keep  records material to the conduct of the grand jury's
business.
4. The grand jurors must be sworn by the court. The oath may be in any
form or language which requires the grand jurors to perform their duties
faithfully.
5. After a grand jury has been sworn, the court must deliver or  cause
to be delivered to each grand juror a printed copy of all the provisions
of  this  article, and the court may, in addition, give the grand jurors
any oral and written instructions relating to the proper performance  of
their duties as it deems necessary or appropriate.
6.  If  two or more grand juries are impaneled at the same court term,
the court may thereafter, for good cause, transfer grand jurors from one
panel to another, and any grand juror so transferred is deemed  to  have
been sworn as a member of the panel to which he has been transferred.
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 › 190.35 - Grand Jury; Definitions of Terms.

§ 190.35 Grand jury; definitions of terms.
The  term  definitions  contained  in  section 50.10 are applicable to
  sections 190.40, 190.45 and 190.50.
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 › 190.40 - Grand Jury; Witnesses, Compulsion of Evidence and Immunity.

§ 190.40 Grand jury; witnesses, compulsion of evidence and immunity.
1.    Every  witness in a grand jury proceeding must give any evidence
legally requested of him regardless of any protest or belief on his part
that it may tend to incriminate him.
2.  A witness who gives evidence in a grand jury  proceeding  receives
immunity unless:
(a)    He  has  effectively  waived  such immunity pursuant to section
190.45; or
(b)    Such  evidence  is  not  responsive  to  any  inquiry  and   is
gratuitously  given or volunteered by the witness with knowledge that it
is not responsive.
(c)  The evidence given by the witness consists only of books, papers,
records or other physical evidence  of  an  enterprise,  as  defined  in
subdivision  one  of  section 175.00 of the penal law, the production of
which is required by a subpoena duces tecum, and the  witness  does  not
possess  a  privilege  against  self-incrimination  with  respect to the
production of such evidence.  Any further evidence given by the  witness
entitles  the witness to immunity except as provided in subparagraph (a)
and (b) of this subdivision.
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 › 190.45 - Grand Jury; Waiver of Immunity.

§ 190.45  Grand jury; waiver of immunity.
1.    A  waiver  of  immunity  is a written instrument subscribed by a
  person who is  or  is  about  to  become  a  witness  in  a  grand  jury
  proceeding,   stipulating   that   he   waives   his  privilege  against
  self-incrimination and any possible or prospective immunity to which  he
  would otherwise become entitled, pursuant to section 190.40, as a result
  of giving evidence in such proceeding.
2.  A waiver of immunity is not effective unless and until it is sworn
  to  before  the  grand  jury  conducting  the  proceeding  in  which the
  subscriber has been called as a witness.
3.  A person who is called by the people as a witness in a grand  jury
  proceeding and requested by the district attorney to subscribe and swear
  to  a  waiver  of  immunity before giving evidence has a right to confer
  with counsel before deciding whether he will comply with  such  request,
  and, if he desires to avail himself of such right, he must be accorded a
  reasonable  time  in  which  to  obtain and confer with counsel for such
  purpose.  The district attorney must inform  the  witness  of  all  such
  rights before obtaining his execution of such a waiver of immunity.  Any
  waiver  obtained,  subscribed or sworn to in violation of the provisions
  of this subdivision is invalid and ineffective.
4.  If a grand jury witness subscribes  and  swears  to  a  waiver  of
  immunity  upon  a  written agreement with the district attorney that the
  interrogation will be limited to certain specified subjects, matters  or
  areas  of  conduct, and if after the commencement of his testimony he is
  interrogated and testifies concerning another subject, matter or area of
  conduct not included in such written  agreement,  he  receives  immunity
  with  respect to any further testimony which he may give concerning such
  other subject, matter or area of conduct and the waiver of  immunity  is
  to that extent ineffective.
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 › 190.52 - Grand Jury; Attorney for Witness.

§ 190.52  Grand jury; attorney for witness.
1.    Any  person  who appears as a witness and has signed a waiver of
  immunity in a grand jury proceeding, has  a  right  to  an  attorney  as
  provided  in  this  section.   Such a witness may appear with a retained
  attorney, or if he is financially unable to obtain counsel, an  attorney
  who  shall  be  assigned by the superior court which impaneled the grand
  jury.  Such assigned attorney shall be assigned  pursuant  to  the  same
  plan  and  in the same manner as counsel are provided to persons charged
  with crime pursuant to section seven hundred twenty-two  of  the  county
  law.
2.  The  attorney  for such witness may be present with the witness in
  the grand jury room.  The attorney may advise the witness, but  may  not
  otherwise take any part in the proceeding.
3.    The superior court which impaneled the grand jury shall have the
  same power to remove an attorney from the grand jury room as such  court
  has with respect to an attorney in a courtroom.
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 › 190.55 - Grand Jury; Matters to Be Heard and Examined; Duties and Authority of District Attorney.

§  190.55  Grand  jury;  matters  to  be  heard and examined; duties and
authority of district attorney.
1.  A grand jury may hear and examine evidence concerning the  alleged
commission  of any offense prosecutable in the courts of the county, and
concerning any misconduct, nonfeasance or neglect in public office by  a
public servant, whether criminal or otherwise.
2.    District attorneys are required or authorized to submit evidence
to grand juries under the following circumstances:
(a)   A district  attorney  must  submit  to  a  grand  jury  evidence
concerning a felony allegedly committed by a defendant who, on the basis
of  a  felony complaint filed with a local criminal court of the county,
has been held for the action of a grand  jury  of  such  county,  except
where  indictment  has  been waived by the defendant pursuant to article
one hundred ninety-five.
(b)   A district  attorney  must  submit  to  a  grand  jury  evidence
concerning a misdemeanor allegedly committed by a defendant who has been
charged  therewith  by  a local criminal court accusatory instrument, in
any case  where  a  superior  court  of  the  county  has,  pursuant  to
subdivision  one of section 170.25, ordered that such misdemeanor charge
be prosecuted by indictment in a superior court.
(c)  A district attorney may submit to  a  grand  jury  any  available
evidence concerning an offense prosecutable in the courts of the county,
or  concerning  misconduct, nonfeasance or neglect in public office by a
public servant, whether criminal or otherwise.
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 › 190.60 - Grand Jury; Action to Be Taken.

§ 190.60  Grand jury; action to be taken.
After  hearing and examining evidence as prescribed in section 190.55,
  a grand jury may:
1.  Indict a person for an offense, as provided in section 190.65;
2.  Direct the district attorney to file  a  prosecutor's  information
  with a local criminal court, as provided in section 190.70;
3.   Direct the district attorney to file a request for removal to the
  family court, as provided in section 190.71 of this article.
4.  Dismiss the charge before it, as provided in section 190.75;
5.  Submit a grand jury report, as provided in section 190.85.
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 › 190.65 - Grand Jury; When Indictment Is Authorized.

§ 190.65  Grand jury; when indictment is authorized.
1.    Subject to the rules prescribing the kinds of offenses which may
  be charged in an indictment, a grand jury may indict  a  person  for  an
  offense  when  (a)  the  evidence  before  it  is  legally sufficient to
  establish that such person committed  such  offense  provided,  however,
  such evidence is not legally sufficient when corroboration that would be
  required,  as  a matter of law, to sustain a conviction for such offense
  is absent, and (b) competent and admissible evidence before it  provides
  reasonable cause to believe that such person committed such offense.
2.  The offense or offenses for which a grand jury may indict a person
  in  any  particular case are not limited to that or those which may have
  been designated, at the commencement of the grand jury proceeding, to be
  the subject of the inquiry; and even in a case submitted to  it  upon  a
  court  order,  pursuant  to  the provisions of section 170.25, directing
  that  a  misdemeanor  charge  pending  in  a  local  criminal  court  be
  prosecuted  by indictment, the grand jury may indict the defendant for a
  felony if the evidence so warrants.
3.  Upon voting to indict a person, a grand  jury  must,  through  its
  foreman or acting foreman, file an indictment with the court by which it
  was impaneled.
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 › 190.70 - Grand Jury; Direction to File Prosecutor's Information and Related Matters.

§  190.70  Grand  jury;  direction  to file prosecutor's information and
related matters.
1.  Except in a case submitted to it pursuant  to  the  provisions  of
  section 170.25, a grand jury may direct the district attorney to file in
  a local criminal court a prosecutor's information charging a person with
  an  offense  other  than  a  felony  when  (a) the evidence before it is
  legally sufficient to establish that such person committed such offense,
  and (b) competent and admissible evidence before it provides  reasonable
  cause to believe that such person committed such offense.  In such case,
  the  grand  jury  must, through its foreman or acting foreman, file such
  direction with the court by which it was impaneled.
2.  Such direction must be signed by the foreman  or  acting  foreman.
  It   must   contain  a  plain  and  concise  statement  of  the  conduct
  constituting the offense  to  be  charged,  equivalent  in  content  and
  precision  to  the  factual  statement  required  to  be contained in an
  indictment pursuant to subdivision seven of section 200.50.  Subject  to
  the  rules prescribed in sections 200.20 and 200.40 governing joinder in
  a single indictment of multiple offenses and multiple  defendants,  such
  grand  jury  direction may, where appropriate, specify multiple offenses
  of less than felony grade and multiple defendants, and may  direct  that
  the  prospective prosecutor's information charge a single defendant with
  multiple offenses, or multiple defendants jointly with either  a  single
  offense or multiple offenses.
3.    Upon  the  filing  of such grand jury direction, the court must,
  unless such direction is  insufficient  on  its  face,  issue  an  order
  approving such direction and ordering the district attorney to file such
  a  prosecutor's  information in a designated local criminal court having
  trial jurisdiction of the offense or offenses in question.
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 › 190.75 - Grand Jury; Dismissal of Charge.

§ 190.75  Grand jury; dismissal of charge.
1.    If  upon  a  charge  that a designated person committed a crime,
  either (a) the evidence before the grand jury is not legally  sufficient
  to establish that such person committed such crime or any other offense,
  or (b) the grand jury is not satisfied that there is reasonable cause to
  believe  that  such person committed such crime or any other offense, it
  must dismiss the charge.  In such case, the grand jury must, through its
  foreman or acting foreman, file its finding of dismissal with the  court
  by which it was impaneled.
2.    If the defendant was previously held for the action of the grand
  jury by a local  criminal  court,  the  superior  court  to  which  such
  dismissal is presented must order the defendant released from custody if
  he is in the custody of the sheriff, or, if he is at liberty on bail, it
  must exonerate the bail.
3.  When a charge has been so dismissed, it may not again be submitted
  to a grand jury unless the court in its discretion authorizes or directs
  the  people  to  resubmit such charge to the same or another grand jury.
  If in such case the charge is again  dismissed,  it  may  not  again  be
  submitted to a grand jury.
4.    Whenever  all  charges  against a designated person have been so
  dismissed, the district attorney must within ninety days of  the  filing
  of the finding of such dismissal, notify that person of the dismissal by
  regular  mail  to  his  last  known address unless resubmission has been
  permitted pursuant to subdivision three of this section or an  order  of
  postponement  of  such  service is obtained upon a showing of good cause
  and exigent circumstances.