New York

New York Criminal Procedure Law (CPL)

589 sections, each with the official text and a plain-English explanation of what it means for you.

• § 1.00 — Short title
• § 1.10 — Applicability of chapter to actions and matter occurring before and after effective date
• § 1.20 — Definitions of terms of general use in this chapter
• § 10.10 — The criminal courts; enumeration and definitions
• § 10.20 — Superior courts; jurisdiction
• § 10.30 — Local criminal courts; jurisdiction
• § 10.40 — Chief administrator to prescribe forms and to authorize use of electronic filing
• § 100.05 — Commencement of action; in general
• § 100.07 — Commencement of action; effect of family court proceeding
• § 100.10 — Local criminal court and youth part of the superior court accusatory instruments; definitions thereof
• § 100.15 — Information, misdemeanor complaint and felony complaint; form and content
• § 100.20 — Supporting deposition; definition, form and content
• § 100.25 — Simplified information; form and content; defendant's right to supporting deposition; notice requirement
• § 100.30 — Information, misdemeanor complaint, felony complaint, supporting deposition and proof of service of supporting deposition; verification
• § 100.35 — Prosecutor's information; form and content
• § 100.40 — Local criminal court and youth part of the superior court accusatory instruments; sufficiency on face
• § 100.45 — Information, prosecutor's information, misdemeanor complaint; severance, consolidation, amendment, bill of particulars
• § 100.50 — Superseding informations and prosecutor's informations
• § 100.55 — Local criminal court accusatory instruments; in what courts filed
• § 100.60 — Youth part of the superior court accusatory instruments; in what courts filed
• § 110.10 — Methods of requiring defendant's appearance in local criminal court or youth part of the superior court for arraignment; in general
• § 110.20 — Local criminal court or youth part of the superior court accusatory instruments; notice thereof to district attorney
• § 120.10 — Warrant of arrest; definition, function, form and content
• § 120.20 — Warrant of arrest; when issuable
• § 120.30 — Warrant of arrest; by what courts issuable and in what courts returnable
• § 120.40 — Warrant of arrest; attaching accusatory instrument to warrant of town court, village court or city court
• § 120.50 — Warrant of arrest; to what police officers addressed
• § 120.55 — Warrant of arrest; defendant under parole or probation supervision
• § 120.60 — Warrant of arrest; what police officers may execute
• § 120.70 — Warrant of arrest; where executable
• § 120.80 — Warrant of arrest; when and how executed
• § 120.85 — Child-sensitive arrests
• § 120.90 — Warrant of arrest; procedure after arrest
• § 130.10 — Summons; definition, function, form and content
• § 130.20 — Summons; by what courts issuable and in what courts returnable
• § 130.30 — Summons; when issuable
• § 130.40 — Summons; service
• § 130.50 — Summons; defendant's failure to appear
• § 130.60 — Summons; fingerprinting of defendant
• § 140.05 — Arrest without a warrant; in general
• § 140.10 — Arrest without a warrant; by police officer; when and where authorized
• § 140.15 — Arrest without a warrant; when and how made by police officer
• § 140.17 — Child-sensitive arrests
• § 140.20 — Arrest without a warrant; procedure after arrest by police officer
• § 140.25 — Arrest without a warrant; by peace officer
• § 140.27 — Arrest without a warrant; when and how made; procedure after arrest by peace officer
• § 140.30 — Arrest without a warrant; by any person; when and where authorized
• § 140.35 — Arrest without a warrant; by person acting other than as a police officer or a peace officer; when and how made
• § 140.40 — Arrest without a warrant; by person acting other than as a police officer or a peace officer; procedure after arrest
• § 140.45 — Arrest without a warrant; dismissal of insufficient local criminal court accusatory instrument
• § 140.50 — Temporary questioning of persons in public places; search for weapons
• § 140.55 — Arrest without a warrant; by peace officers of other states for offense committed outside state; uniform close pursuit act
• § 150.10 — Appearance ticket; definition, form and content
• § 150.20 — Appearance ticket; when and by whom issuable
• § 150.40 — Appearance ticket; where returnable; how and where served
• § 150.50 — Appearance ticket; filing a local criminal court accusatory instrument; dismissal of insufficient instrument
• § 150.60 — Appearance ticket; defendant's failure to appear
• § 150.70 — Appearance ticket; fingerprinting of defendant
• § 150.75 — Appearance ticket; certain cases
• § 150.80 — Court appearance reminders
• § 160.10 — Fingerprinting; duties of police with respect thereto
• § 160.20 — Fingerprinting; forwarding of fingerprints
• § 160.30 — Fingerprinting; duties of division of criminal justice services
• § 160.40 — Fingerprinting; transmission of report received by police
• § 160.45 — Polygraph tests; prohibition against
• § 160.50 — Order upon termination of criminal action in favor of the accused
• § 160.55 — Order upon termination of criminal action by conviction for noncriminal offense; entry of waiver; administrative findings
• § 160.57 — Automatic sealing of convictions
• § 160.58 — Conditional sealing of certain controlled substance, marihuana or specified offense convictions
• § 160.59 — Sealing of certain convictions
• § 160.60 — Effect of termination of criminal actions in favor of the accused
• § 170.10 — Arraignment upon information, simplified traffic information, prosecutor's information or misdemeanor complaint; defendant's presence, de...
• § 170.15 — Removal of action from one local criminal court to another
• § 170.20 — Divestiture of jurisdiction by indictment; removal of case to superior court at district attorney's instance
• § 170.25 — Divestiture of jurisdiction by indictment; removal of case to superior court at defendant's instance
• § 170.30 — Motion to dismiss information, simplified information, prosecutor's information or misdemeanor complaint
• § 170.35 — Motion to dismiss information, simplified information, prosecutor's information or misdemeanor complaint; as defective
• § 170.40 — Motion to dismiss information, simplified traffic information, prosecutor's information or misdemeanor complaint; in furtherance of justice
• § 170.45 — Motion to dismiss information, simplified traffic information, prosecutor's information or misdemeanor complaint; procedure
• § 170.50 — Motion in superior court to dismiss prosecutor's information
• § 170.55 — Adjournment in contemplation of dismissal
• § 170.56 — Adjournment in contemplation of dismissal in cases involving marihuana
• § 170.60 — Requirement of plea to information, simplified information or prosecutor's information
• § 170.65 — Replacement of misdemeanor complaint by information and waiver thereof
• § 170.70 — Release of defendant upon failure to replace misdemeanor complaint by information
• § 170.80 — Proceedings regarding certain prostitution charges; certain persons aged sixteen or seventeen
• § 180.10 — Proceedings upon felony complaint; arraignment; defendant's rights, court's instructions and bail matters
• § 180.20 — Proceedings upon felony complaint; removal of action from one local criminal court to another
• § 180.30 — Proceedings upon felony complaint; waiver of hearing; action to be taken
• § 180.40 — Proceedings upon felony complaint; application in superior court following hearing or waiver of hearing
• § 180.50 — Proceedings upon felony complaint; reduction of charge
• § 180.60 — Proceedings upon felony complaint; the hearing; conduct thereof
• § 180.70 — Proceedings upon felony complaint; disposition of felony complaint after hearing
• § 180.75 — Proceedings upon felony complaint; juvenile offender
• § 180.80 — Proceedings upon felony complaint; release of defendant from custody upon failure of timely disposition
• § 180.85 — Termination of prosecution
• § 182.10 — Definition of terms
• § 182.20 — Electronic appearance rules
• § 182.30 — Regulation of electronic appearances by the chief administrator
• § 185.10 — Definition of terms
• § 185.20 — Electronic arraignment
• § 185.30 — Conditions and limitations on electronic arraignment
• § 185.40 — Approval by the chief administrator of the courts
• § 190.05 — Grand jury; definition and general functions
• § 190.10 — Grand jury; for what courts drawn
• § 190.15 — Grand jury; duration of term and discharge
• § 190.20 — Grand jury; formation, organization and other matters preliminary to assumption of duties
• § 190.25 — Grand jury; proceedings and operation in general
• § 190.30 — Grand jury; rules of evidence
• § 190.32 — Videotaped examination; definitions, application, order and procedure
• § 190.35 — Grand jury; definitions of terms
• § 190.40 — Grand jury; witnesses, compulsion of evidence and immunity
• § 190.45 — Grand jury; waiver of immunity
• § 190.50 — Grand jury; who may call witnesses; defendant as witness
• § 190.52 — Grand jury; attorney for witness
• § 190.55 — Grand jury; matters to be heard and examined; duties and authority of district attorney
• § 190.60 — Grand jury; action to be taken
• § 190.65 — Grand jury; when indictment is authorized
• § 190.70 — Grand jury; direction to file prosecutor's information and related matters
• § 190.71 — Grand jury; direction to file request for removal to family court
• § 190.75 — Grand jury; dismissal of charge
• § 190.80 — Grand jury; release of defendant upon failure of timely grand jury action
• § 190.85 — Grand jury; grand jury reports
• § 190.90 — Grand jury; appeal from order concerning grand jury reports
• § 195.10 — Waiver of indictment; in general
• § 195.20 — Waiver of indictment; written instrument
• § 195.30 — Waiver of indictment; approval of waiver by the court
• § 195.40 — Waiver of indictment; filing of superior court information
• § 2.10 — Persons designated as peace officers
• § 2.15 — Federal law enforcement officers; powers
• § 2.16 — Watershed protection and enforcement officers; powers, duties, jurisdiction for arrests
• § 2.20 — Powers of peace officers
• § 2.30 — Training requirements for peace officers
• § 20.10 — Geographical jurisdiction of offenses; definitions of terms
• § 20.20 — Geographical jurisdiction of offenses; jurisdiction of state
• § 20.30 — Geographical jurisdiction of offenses; effect of laws of other jurisdictions upon this state's jurisdiction
• § 20.40 — Geographical jurisdiction of offenses; jurisdiction of counties
• § 20.50 — Geographical jurisdiction of offenses; jurisdiction of cities, towns and villages
• § 20.60 — Geographical jurisdiction of offenses; communications and transportation of property between jurisdictions
• § 200.10 — Indictment; definition
• § 200.15 — Superior court information; definition
• § 200.20 — Indictment; what offenses may be charged; joinder of offenses and consolidation of indictments
• § 200.30 — Indictment; duplicitous counts prohibited
• § 200.40 — Indictment; joinder of defendants and consolidation of indictments against different defendants
• § 200.50 — Indictment; form and content
• § 200.60 — Indictment; allegations of previous convictions prohibited
• § 200.61 — Indictment; special information for operators of for-hire vehicles
• § 200.62 — Indictment; special information for child sexual assault offender
• § 200.63 — Indictment; special information for aggravated family offense
• § 200.65 — Indictment; special information for enterprise corruption and criminal possession or use of a biological weapon or chemical weapon
• § 200.70 — Indictment; amendment of
• § 200.80 — Indictment; superseding indictments
• § 200.95 — Indictment; bill of particulars
• § 210.05 — Indictment and superior court information exclusive methods of prosecution
• § 210.10 — Requirement of and methods of securing defendant's appearance for arraignment upon indictment
• § 210.15 — Arraignment upon indictment; defendant's rights, court's instructions and bail matters
• § 210.16 — Requirement of HIV related testing in certain cases
• § 210.20 — Motion to dismiss or reduce indictment
• § 210.25 — Motion to dismiss indictment; as defective
• § 210.30 — Motion to dismiss or reduce indictment on ground of insufficiency of grand jury evidence; motion to inspect grand jury minutes
• § 210.35 — Motion to dismiss indictment; defective grand jury proceeding
• § 210.40 — Motion to dismiss indictment; in furtherance of justice
• § 210.45 — Motion to dismiss indictment; procedure
• § 210.46 — Adjournment in contemplation of dismissal in marihuana cases in a superior court
• § 210.47 — Adjournment in contemplation of dismissal in misdemeanor cases in superior court
• § 210.50 — Requirement of plea
• § 215.10 — Referral of selected felonies to dispute resolution
• § 215.20 — Victim; definition
• § 215.30 — Adjournment in contemplation of dismissal; restoration to calendar; dismissal of action
• § 215.40 — Dismissal of action; effect thereof; records
• § 216.00 — Definitions
• § 216.05 — Judicial diversion program; court procedures
• § 220.10 — Plea; kinds of pleas
• § 220.15 — Plea; plea of not responsible by reason of mental disease or defect
• § 220.20 — Plea; meaning of lesser included offense for plea purposes
• § 220.30 — Plea; plea of guilty to part of indictment; plea covering other indictments
• § 220.35 — Hearing on predicate felony conviction
• § 220.40 — Plea; plea of not guilty; meaning
• § 220.50 — Plea; entry of plea
• § 220.51 — Notice before entry of plea or trial involving a public official
• § 220.60 — Plea; change of plea
• § 230.10 — Removal of action; from supreme court to county court and from county court to supreme court; at instance of court
• § 230.11 — Removal of action to certain courts within a county
• § 230.20 — Removal of action; removal from county court to supreme court and change of venue; upon motion of party
• § 230.21 — Removal of action to certain courts in an adjoining county
• § 230.30 — Removal of action; stay of trial pending motion therefor
• § 230.40 — Removal of action; determinations and rulings before and after removal; by which courts made
• § 245.10 — Timing of discovery
• § 245.20 — Automatic discovery
• § 245.25 — Disclosure prior to certain guilty pleas
• § 245.30 — Court orders for preservation, access or discovery
• § 245.35 — Court ordered procedures to facilitate compliance
• § 245.40 — Non-testimonial evidence from the defendant
• § 245.45 — DNA comparison order
• § 245.50 — Certificates of compliance; readiness for trial
• § 245.55 — Flow of information
• § 245.60 — Continuing duty to disclose
• § 245.65 — Work product
• § 245.70 — Protective orders
• § 245.75 — Waiver of discovery by defendant