Article 1 Short Title, Applicability And Definitions

Question 1

Accusatory Instrument: Name Types and Plaintiff

Answer 1

Indictment,
indictment ordered reduced (210.20),
information,
simplified information, prosecutor’s information, superior court information, misdemeanor complaint or felony complaint.
Every accusatory instrument, regardless of the person designated therein as accuser, constitutes an accusation on behalf of the state as plaintiff and must be entitled “the people of the state of New York” against a designated person, known as the defendant; and
CPL 1.20.1(a)

Question 2

Accusatory Instruments: Superior Court

Answer 2

Indictment; and
Superior Court Information (SCI)

CPL 1.20.3 and CPL 1.20.3-a

Question 3

Accusatory Instruments: Local Criminal Court

Answer 3

Information,
simplified information, prosecutor’s information, misdemeanor complaint and felony complaint.

CPL 1.20.2

Question 4

Local criminal court accusatory instrument

Answer 4

Any accusatory instrument other than an indictment or a superior court information.

VJC

Question 5

Accusatory Instrument: Traffic

Answer 5

(b) An appearance ticket issued for a parking infraction when (i) such ticket is based on personal knowledge or information and belief of the police officer or other public servant who issues the ticket, (ii) the police officer or other public servant who issues such ticket ticket verifies that false statements made therein are punishable as a class A misdemeanor, (iii) the infraction or infractions contained therein are stated in detail and not in conclusory terms so as to provide the defendant with sufficient notice including, but not limited, to the applicable provision of law allegedly violated, and the date, time and particular place of the alleged infraction, and (iv) such ticket contains: (1) the license plate designation of the ticketed vehicle, (2) the license plate type of the ticketed vehicle, (3) the expiration of the ticketed vehicle’s registration, (4) the make or model of the ticketed vehicle, and (5) the body type of the ticketed vehicle, provided, however, that where the plate type or the expiration date are not shown on either the registration plates or sticker of a vehicle or where the registration sticker is covered, faded, defaced or mutilated so that it is unreadable, the plate type or the expiration date may be omitted, provided, further, however, that such condition must be so described and inserted on the instrument.
CPL 1.20.1(b)

Question 6

Indictment

Answer 6

A written accusation by a grand jury, more fully defined and described in article two hundred, filed with a superior court, which charges one or more defendants with the commission of one or more offenses, at least one of which is a crime, and which serves as a basis for prosecution thereof.
CPL 1.20.3
VJC: felony or misdemeanor

Question 7

Superior court information

Answer 7

A written accusation by a district attorney more fully defined and described in articles one hundred ninety-five and two hundred, filed with a superior court pursuant to article one hundred ninety-five, which charges one or more defendants with commission of one or more offenses, at least one of which is a crime, and which serves as a basis for prosecution thereof.
CPL 1.20.3-a
VJC: Crime = a misdemeanor or a felony,

Question 8

Information

Answer 8

A verified written accusation by a person, more fully defined and described in article one hundred, filed with a local criminal court, which charges one or more defendants with the commission of one or more offenses, none of which is a felony, and which MAY serve BOTH to commence a criminal action and as the basis for prosecution thereof.
CPL 1.20.4

Question 9

Simplified information: Types

Answer 9

Traffic information
Parks information
Environmental conservation information
CPL 1.20.5(a)

Note there are two subdivisions 5 [5 and 5(a)-(d)]

Question 10

Simplified traffic information

Answer 10

A written accusation, more fully defined and described in article one hundred, by a police officer or other public servant authorized by law to issue same, filed with a local criminal court, which, being in a brief or simplified form prescribed by the commissioner of motor vehicles, charges a person with one or more traffic infractions or misdemeanors relating to traffic, and which MAY serve BOTH to commence a criminal action for such offense and as the basis for prosecution thereof.
CPL 1.20.5
Note there are two subdivisions 5 [5 and 5(a)-(d)]

Question 11

Simplified traffic information

Answer 11

A written accusation by a police officer, or other public servant authorized by law to issue same, more fully defined and described in article one hundred, filed with a local criminal court, which, being in a brief or simplified form prescribed by the commissioner of motor vehicles, charges a person with one or more traffic infractions or misdemeanors relating to traffic, and MAY serve BOTH to commence a criminal action for such offense and as the basis for prosecution thereof.
CPL 1.20.5(b)

Question 12

Simplified parks information

Answer 12

A written accusation by a police officer or other public servant authorized by law to issue same, filed with a local criminal court, which, being in a brief or simplified form prescribed by the commissioner of parks and recreation, charges a person with one or more offenses, other than a felony, for which a uniform simplified parks information may be issued pursuant to the parks and recreation law and the navigation law, and which MAY serve BOTH to commence a criminal action for such offense and as a basis for prosecution thereof.
CPL 1.20.5(c)

Question 13

Simplified environmental conservation information

Answer 13

A written accusation by a police officer, or other public servant authorized by law to issue same, filed with a local criminal court, which being in a brief or simplified form prescribed by the commissioner of environmental conservation, charges a person with one or more offenses, other than a felony, for which a uniform simplified information may be issued pursuant to the environmental conservation law, and which MAY serve BOTH to commence a criminal action for such offense and as a basis for prosecution thereof.
CPL 1.20.5(d)

Question 14

Prosecutor’s information

Answer 14

A written accusation by a district attorney, more fully defined and described in article one hundred, filed with a local criminal court, which charges one or more defendants with the commission of one or more offenses, none of which is a felony, and which serves as a basis for prosecution thereof.
CPL 1.20.6
VJC: But does not commence criminal action unless directed by grand jury in a case not previously commenced in a local criminal court.

Question 15

Misdemeanor complaint

Answer 15

A VERIFIED written accusation by a PERSON, more fully defined and described in article one hundred, filed with a local criminal court, which charges one or more defendants with the commission of one or more offenses, at least one of which is a misdemeanor and none of which is a felony, and which serves to commence a criminal action but which MAY NOT, EXCEPT upon the defendant’s consent, serve as a basis for prosecution of the offenses charged therein.
CPL 1.20.7

Question 16

Felony complaint

Answer 16

A VERIFIED written complaint by a PERSON, more fully described in article one hundred, filed with a local criminal court, which charges one or more defendants with the commission of one or more felonies and which serves to commence a criminal action but NOT as a basis for prosecution thereof.
CPL 1.20.8

Question 17

Simplified information: form

Answer 17

Alternative to regular information
Brief or simplified form
Prescribed by commissioner of Motor vehicles, Parks or Environmental conservation.
CPL1.20.5(a)-(d)

Question 18

Arraignment

Answer 18

The occasion upon which a defendant against whom an accusatory instrument has been filed appears before the court in which the criminal action is pending for the purpose of having such court acquire and exercise control over his person with respect to such accusatory instrument and of setting the course of further proceedings in the action.
CPL 1.20.9
Note: initial court appearance
VJC: The court in which the accusatory instrument has been filed.

Question 19

Plea

Answer 19

Where appropriate, the occasion upon which a defendant enters such a plea to an accusatory instrument. See also 220.10 & 340.20
CPL 1.20.10

Question 20

Trial: jury

Answer 20

Commences with the selection of the jury and includes all further proceedings through the rendition of a verdict
CPL 1.20.11

Question 21

Trial: non-jury

Answer 21

Commences with the first opening address, if there be any, and, if not, when the first witness is sworn, and includes all further proceedings through the rendition of a verdict
CPL 1.20.11

Question 22

Verdict

Answer 22

The announcement by a jury in the case of a jury trial, or by the court in the case of a non-jury trial, of its decision upon the defendant’s guilt or innocence of the charges submitted to or considered by it.
CPL 1.20.12

Question 23

Conviction

Answer 23

The entry of a plea of guilty to, or a verdict of guilty upon, an accusatory instrument other than a felony complaint, or to one or more counts of such instrument
CPL 1.20.13

Question 24

Sentence

Answer 24

The imposition and entry of sentence upon conviction
CPL 1.20.14

Question 25

Judgment

Answer 25

A judgment is comprises of a conviction and the sentence imposed thereon and is completes by imposition and entry of the sentence
CPL 1.20.15

Conviction + Sentence

Question 26

Criminal action

Answer 26

A criminal action
(a) commences with the filing of an accusatory instrument against a defendant in a criminal court, as specified in subdivision seventeen;

(b) includes the filing of all further accusatory instruments directly derived from the initial one, and all proceedings, orders and motions conducted or made by a criminal court in the course of disposing of any such accusatory instrument, or which, regardless of the court in which they occurred or were made, could properly be considered as a part of the record of the case by an appellate court upon an appeal from a judgment of conviction; and

(c) terminates with the imposition of sentence or some other final disposition in a criminal court of the last accusatory instrument files in the case
CPL1.20.16
VJC: (c) e.g. a dismissal

Question 27

Commencement of a criminal action

Answer 27

A criminal action is commenced by the filing of an accusatory instrument against a defendant is a criminal court, and, if more than one accusatory instrument is filed in the course of the action, it commences when the first of such instruments is filed
CPL 1.20.17

Question 28

Criminal proceeding

Answer 28

Any proceeding in which
(a) constitutes a part of a criminal action; or
(b) occurs in a criminal court and is related to an prospective, pending or completed criminal action, either of this state or of any other jurisdiction, or involves a criminal investigation
CPL 1.20.18

Question 29

Criminal court

Answer 29

Any court defined as such by section 10.10
CPL 1.20.19

Question 30

Superior court

Answer 30

Any court defined as such by subdivision two of section 10.10
CPL 1.20.20

Question 31

Local criminal court

Answer 31

Any court defined as such by subdivision three of section 10.10
CPL 1.20.21

Question 32

Intermediate appellate court

Answer 32

Any court possessing appellate jurisdiction, other than the court of appeals
CPL 1.20.22

Question 33

Judge

Answer 33

Any judicial officer who is a member of or constitutes a court, whether referred to in another provision of law as a justice or by any other title
CPL 1.20.23

Question 34

Trial jurisdiction

Answer 34

A criminal court has “trial jurisdiction” of an offense when an indictment or an information charging such offense may properly be filed with such court, and when such court has authority to accept a plea to, try or otherwise finally dispose of such accusatory instrument
CPL 1.20.24

Question 35

Preliminary jurisdiction

Answer 35

A criminal court has “preliminary jurisdiction” of an offense when, regardless of whether it has trial jurisdiction thereof, a criminal action for such offenses may be commenced therein, and when such court may conduct proceedings with respect thereto which lead or may lead to prosecution and final disposition of the action in a court having trial jurisdiction thereof
CPL 1.20.25
VJC: e.g. a local criminal court can handle the felony up until trial - then it goes to superior court

Question 36

Appearance ticket

Answer 36

A written notice issued by a public servant, more fully defined in section 150.10, requiring a person to appear before a local criminal court in connection with an accusatory instrument to be filed against him therein
CPL 1.20.26

Question 37

Summons

Answer 37

A process of a local criminal court or superior court, more fully defined in section 130.10, requiring a defendant to appear before such court for the purpose of arraignment upon an accusatory instrument filed therewith by which a criminal action against him has been commenced
CPL 1.20.27
VJC:

Question 38

Warrant of arrest

Answer 38

A process of a local criminal court, see 120.10, directing a police officer to arrest a defendant and to bring him before such court fir the purpose of arraignment upon an accusatory instrument filed therewith by which a criminal action against him has been commenced
CPL 1.20.28

Question 39

Superior court warrant of arrest

Answer 39

A process of a superior court directing a police officer to arrest a defendant and to bring him before such court for the purpose of arraignment upon an indictment filed therewith by which a criminal action against him has been commenced
CPL 1.20.29

Question 40

Bench warrant

Answer 40

A process of a criminal court in which a criminal action is pending, directing a police officer, or a uniformed court officer, pursuant to paragraph b of subdivision two of section 530.70 of this chapter, to take into custody a defendant in such action who has previously been arraigned upon the accusatory instrument by which the action was commenced, and to bring him before such court. The function of a bench warrant is to achieve the court appearance of a defendant in a pending criminal action for some purpose other than his initial arraignment in the action.
CPL 1.20.30

Question 41

Offense

Answer 41

ANY CRIMINAL ACT which is punishable by a fine or imprisonment
VJC

Question 42

Prosecutor

Answer 42

A district attorney or any other public servant who represents the people in a criminal action
CPL 1.20.31

Question 43

District attorney

Answer 43

A district attorney, an assistant district attorney or a special district attorney, and, where appropriate, the attorney general, an assistant attorney general, a deputy attorney general, a special deputy attorney, or the special prosecutor and inspector general for the protection of the people with special needs or his or her assistants when acting pursuant to their duties in matters arising under article twenty of the executive law, or the inspector general of New York for transportation or his or her deputies when acting pursuant to article four-B of the executive law
CPL 1.20.32

Question 44

Peace officer

Answer 44

A person listed in section 2.10 of this chapter
CPL 1.20.33

Question 45

Police officer
(a) thru (v)

Answer 45

The following persons are police officers:

(a) a sworn member of the division of state police;

(b) sheriffs, under-sheriffs and deputy sheriffs of counties outside of the New York city where such department is certified in accordance with paragraph (d) of subdivision one of section eight hundred forty-six-h of the executive law;

(c) a sworn officer of an authorized county or county parkway police department where such department is certified in accordance with paragraph (d) of subdivision one of section eight hundred forty-six-h of the executive law;

(d) a sworn officer of an authorized police department or force of a city, town, village or police district where such department or force is certified in accordance with paragraph (d) of subdivision one of section eight hundred forty-six-h of the executive law;

(e) a sworn officer of an authorized police department of an authority or a sworn officer of the state regional park police in the office of parks and recreation where such department or force is certified in accordance with paragraph (d) of subdivision one of section eight hundred forty-six-h of the executive law;

(f) a sworn officer of the capital police force of the office of general services where such force is certified in accordance with paragraph (d) of subdivision one of section eight hundred forty-six-h of the executive law;

(g) an investagator employed in the office of a district attorney;

(h) an investigator employed by a commission created by an interstate compact who is, to a substantial extent, engaged in the enforcement of the criminal laws of this state;

(i) the chief and deputy fire marshals, the e supervising fire marshals and the fire marshals of the bureau of fire investigation of the New York city fire department;

(J) a sworn officer of the division of law enforcement in the department of environmental conservation where such division is certified in accordance with paragraph (d) of subdivision one of section eight hundred forty-six-h of the executive law;

(k) a sworn officer of a police force of a public authority created by an interstate compact where such force is certified in accordance with paragraph (d) of subdivision one of section eight hundred forty-six-h of the executive law;

(l) repealed 05/09/2022;

(m) a special investigator employed in the statewide organized crime task force, while performing his assigned duties pursuant to section seventy-a of the executive law;

(n) a sworn officer of the Westchester county department of public safety services who, on or prior to 06/30/1979 was appointed as a sworn officer of the division of Westchester county parkway police or who was appointed on or after 07/01/1979 to the title of police officer, sergeant, lieutenant, captain or inspector or who, on or prior to 01/31/1983 was appointed as a Westchester county deputy sheriff;

(o) a sworn officer of the New York city department of environmental protection police, employed by the city of New York, appointed to protect the sources, works, and transmission of water supplied to the city of New York, and to protect persons on or in the vicinity of such water sources, works, and transmission where such department is certified in accordance with paragraph (d) of subdivision one of section eight hundred forty-six-h of the executive law;

(p) persons appointed as railroad police officers pursuant to section eighty-eight of the railroad law where such department or force is certified in accordance with paragraph (d) of subdivision one of section eight hundred forty-six-h of the executive law;

(q) an employee of the department of taxation and finance (i) assigned to enforcement of the taxes imposes under or pursuant to the authority of article twelve-A of the tax law and administered by the commissioner of taxation and finance, taxes imposed under or pursuant to the authority of article eighteen of the tax law and administered by the commissioner, taxes imposed under article twenty of the tax law, or sales or compensating use taxes relating to petroleum products or cigarettes imposed under article twenty-eight or pursuant to the authority of article twenty-nine of the tax law and administered by the commissioner or (ii) designated as a revenue crimes specialist and assigned to the enforcement of the taxes described in paragraph (c) of subdivision four of section 2.10 of this title, for the purpose of applying fir and executing search warrants under article six hundred nine to of this chapter, for the purpose of acting as a claiming agent under article thirteen-A of the CPLR in connection with the enforcement of the taxes referred to above and for the purpose of executing warrants of arrest relating to the respective crimes specified in subdivision four of section 2.10 of this title.

(r) any employee of the Suffolk county department of parks who is appointed as a Suffolk county park police officer.

(s) a university police officer appointed by the state university pursuant to paragraph 1 of subdivision two of section three hundred fifty-five of the education law where where such department or force is certified in accordance with paragraph (d) of subdivision one of section eight hundred forty-six-h of the executive law;

(t) a sworn officer of the department of public safety of the Buffalo municipal housing authority who has achieved or been granted the status of sworn police officer and has been certified by the division of criminal justice services as successfully completing an approved basic course for police officers.

(u) persons appointed as Indian police officers pursuant to section one hundred fourteen of the Indian law where where such department or force is certified in accordance with paragraph (d) of subdivision one of section eight hundred forty-six-h of the executive law; and

(v) supervisor of forest ranger services; assistant supervisor of forest ranger services; forest ranger 3; forest ranger 2; forest ranger 1 employed by the state department of environmental conservation or sworn officer of the division of forest protection and fire management in the department of environmental conservation responsible for wild land search and rescue, wild land fire management in the state as prescribed in subdivision eighteen of section 9-0105 and title eleven of article nine of the environmental conservation law, exercising care, custody and control of state lands administered by the department of environmental conservation.
CPL 1.20.34(a)-(v)

Question 46

Geographical area of employment

Answer 46

The ”geographical area of employment” of certain police officers is as follows:

(a) Except as provided in paragraph (d), New York state constitutes the ”geographical area of employment” of any police officer employed as such by an agency of the state or by an authority which functions throughout the state;
(b) A county, city, town or village, as the case may be, constitutes the ”geographical area of employment” of any police officer employed as such by an agency of such political subdivision or by an authority which functions only in such political subdivision; and
(c) Where an authority functions in more than one county, the ”geographical area of employment” of a police officer employed thereby extends through all such counties;
(d) The the ”geographical area of employment” of a police officer appointed by the state university is the campuses and other property of the state university, including any portion of a public highway which crosses or abuts such property.
(e) The the ”geographical area of employment” of a police officer appointed pursuant to section one hundred fourteen of the Indian law is within the county of Franklin, and within that county, only within the boundary of the St. Regis reservation, except that if the superintendent of state police has certified such officer with expanded jurisdiction within the county of Franklin, pursuant to subdivision eight-a of such section, the ”geographical area of employment” of such police officer shall also include the area of expanded jurisdiction set forth in that subdivision.
CPL 1.20.34-a

Question 47

Commitment to the custody of the sheriff

Answer 47

When referring to an order of a court located in a county or city which has established a department of correction, means commitment tonthe
Commissioner of correction of such county or entity.
CPL 1.20.35

Question 48

County

Answer 48

Ordinarily means

(a) any county outside of New York City or

(b) New York City in its entirety. Unless the context requires a different construction, New York City, despite its five counties, is deemed a single county within the meaning of the provisions of this chapter in which that term appears.
CPL 1.20.36

Question 49

Lesser included offense

Answer 49

When it is impossible to commit a particular crime without concomitantly committing, by the same conduct, another offense of lesser grade or degree, the latter is, with respect to the former, a ”lesser included offense.” In any case in which it is legally possible to attempt to commit a crime, an attempt to commit such crime constitutes a lesser included offense with respect thereto,

CPL 1.20.37

Question 50

Oath

Answer 50

Includes an affirmation and every other mode authorized by law of attesting to the truth of that which is stated.

CPL 1.20.38

Question 51

Petty offense

Answer 51

A violation or a traffic infraction.
CPL 1.20.39

Question 52

Evidence in chief

Answer 52

Evidence, received at a trial or other criminal proceeding in which a defendant’s guilt or innocence of an offense is in issue, which may be considered as a part of the quantum of substantive proof establishing or tending to establish the commission of such offense or an element thereof or the defendant’s connection therewith.
CPL 1.20.40

Question 53

Armed felony

Answer 53

Any violent offense defined in section 70.02 of the penal law that includes as an element either:
(a) possession, being armed with or causing serious physical injury by means of a deadly weapon, if the weapon is a loaded weapon from which a shot, readily capable of producing death or other serious physical injury may be discharged; or
(b) display of what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm.
CPL 1.20.41

Question 54

Juvenile offender

Answer 54

(1) a person, thirteen years old who is criminally responsible for acts constituting murder in the second degree as defined in subdivisions one and two of section 125.25 of the penal law, or such conduct as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; and
(2) a person fourteen or fifteen years old who is criminally responsible for acts constituting the crimes defined in subdivisions one and two of section 125.25 (murder in the second degree) and in subdivision three of such section provided that the underlying crime for the murder charge is one for which such person is criminally responsible; section 135.25 (kidnapping in the first degree); 150.20 (arson in the first degree); subdivisions one and two of section 120.10 (assault in the first degree); 125.20 (manslaughter in the first degree); subdivisions one and two of section 130.35 (rape in the first degree); subdivisions one and two of section 130.50 (criminal sexual act in the first degree); 130.70 (aggravated sexual abuse in the first degree); 140.30 (burglary in the first degree); subdivision one of section 140.25 (burgulary in the second degree); 160.15 (robbery in the first degree); subdivision two of section 160.10 (robbery in the second degree) of the penal law; or section 265.03 of the penal law, where such machine gun or such firearm is possessed on school grounds, as that phrase is defined in subdivision fourteen of section 220.00 of the penal law; or defined in the penal law as an attempt to commit murder in the second degree or kidnapping in the first degree, or such conduct as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law.
CPL 1.20.42

Question 55

Judicial hearing officer

Answer 55

A person so designated pursuant to provisions of article twenty-two of the judiciary law.
CPL 1.20.43

Question 56

Adolescent offender

Answer 56

A person charged with a felony committed on or after 10/01/2018 when he or she was sixteen years of age or on or after 10/01/2019, when he or she was seventeen years of age.
CPL 1.20.44

Question 57

Expunge

Answer 57

Where an arrest and any enforcement activity connected with that arrest, including prosecution and any disposition in any New York state court, is deemed a nullity and the accused is restored, in contemplation of the law, to the status such individual occupied before the arrest, prosecution and/or disposition; that records of such arrest, prosecution and/or disposition shall be marked as expunged or shall be destroyed as set forth in section 160.50 of this chapter. Neither the arrest nor prosecution and.or disposition, if any, of a matter deemed a nullity shall operate as a disqualification of any person so accused to pursue or engage in any lawful acitivity, occupation, profession or calling. Except where specifically required or permitted by statute or upon specific authorization of a superior court, no such person shall be required to divulge information pertaining to the arrest, prosecution and.or disposition of such matter.
CPL 1.20.45

Question 58

C-A-R-A-M-B-A

Answer 58

C- criminal sexual act in the 1st degree
A- arson in the 1st degree
R- rape in the 1st degree
A- assult in the 1st degree
M- murder in the 2nd degree
B- burglary in the 1st degree
A- aggravated sexual abuse in the 1st degree

K- kidnapping in the 1st degree
M- manslaughter in the 1st degree

Question 59

Local criminal court accusatory instruments: F-IMPS

Answer 59

Felony complaint

Information
Misdemeanor complaint
Simplified information

Question 60

Felony complaint

Answer 60

By a PERSON; VERIFIED
Filed in LCC
Charges defendant w 1 OR MORE FELONIES
COMMENCES CRIMINAL ACTION
NOT BASIS FOR PROSECUTION

Question 61

Information

Answer 61

By a PERSON; VERIFIED
Filed in LCC
Charges defendant with 1 OR MORE OFFENSES, NO FELONY
COMMENCES CRIMINAL ACTION
BASIS FOR PROSECUTION

Question 62

Misdemeanor complaint

Answer 62

By a PERSON; VERIFIED
Filed in LCC
Charges defendant with MISDEMEANOR, NO FELONY
COMMENCES CRIMINAL ACTION
UPON DEFENDANT’S CONSENT, SERVES AS BASIS FOR PROSECUTION

Question 63

Prosecutor’s information

Answer 63

By DA
Filed in LCC
charges defendant with 1 OR MORE OFFENSE, NO FELONY
BASIS FOR PROSECUTION

Question 64

Simplified information

Answer 64

By POLICE OFFICER OR PUBLIC SERVANT
Filed in LCC
Charges defendant with 1 OR MORE OFFENSES, LESS THAN A FELONY
COMMENCES CRIMINAL ACTION
BASIS FOR PROSECUTION
NO FACTUAL ALLEGATIONS
Defendant entitled to SUPPORTING DEPOSITION containing allegations of facts

Question 65

Short Title

Answer 65

This chapter shall be known as the criminal procedure law, and my be3 cited as “CPL”.

CPL 1.00

Question 66

Applicability of chapter to actions and matter occurring before and after effective date

Answer 66

1. The provisions of this chapter apply exclusively to:

(a) All criminal actions and proceedings commenced upon or after the effective date thereof and all appeals and other post-judgement proceedings relating or attaching thereto; and

(b) All matters of criminal procedure prescribed in this chapter which do not constitute a part of any particular action or case, occurring upon or after such effective date.

2. The provisions of this chapter apply to

(a) all criminal actions and proceedings commenced prior to the effective date thereof but still pending on such date, and

(b) all appeals and other post-judgment proceedings commenced upon or after such effective date which relate or attach to criminal actions and proceedings commenced or concluded prior to such effective date; provided that, if application of such provisions in any particular case would not be feasible or would work injustice, the provisions of the code of criminal procedure apply thereto.

3. The provisions of this chapter do not impair or render ineffectual any proceedings or procedural matters which occurred prior to the effective date thereof.

CPL 1.10