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.

• § 245.80 — Remedies or sanctions for non-compliance
• § 245.85 — Admissibility of discovery
• § 245.90 — Federal and state constitutional obligations
• § 250.10 — Notice of intent to proffer psychiatric evidence; examination of defendant upon application of prosecutor
• § 250.20 — Notice of alibi
• § 250.30 — Notice of defenses in offenses involving computers
• § 250.40 — Notice of intent to seek death penalty
• § 255.10 — Definitions
• § 255.20 — Pre-trial motions; procedure
• § 260.10 — Jury trial; requirement thereof
• § 260.20 — Jury trial; defendant's presence at trial
• § 260.30 — Jury trial; in what order to proceed
• § 270.05 — Trial jury; formation in general
• § 270.10 — Trial jury; challenge to the panel
• § 270.15 — Trial jury; examination of prospective jurors; challenges generally
• § 270.16 — Capital cases; individual questioning for racial bias
• § 270.20 — Trial jury; challenge for cause of an individual juror
• § 270.25 — Trial jury; peremptory challenge of an individual juror
• § 270.30 — Trial jury; alternate jurors
• § 270.35 — Trial jury; discharge of juror; replacement by alternate juror
• § 270.40 — Trial jury; preliminary instructions by court
• § 270.45 — Trial jury; when separation permitted
• § 270.50 — Trial jury; viewing of premises
• § 270.55 — Sentencing jury in capital cases
• § 280.10 — Motion for mistrial
• § 280.20 — Motion for mistrial; status of indictment upon new trial
• § 290.10 — Trial order of dismissal
• § 30.10 — Timeliness of prosecutions; periods of limitation
• § 30.20 — Speedy trial; in general
• § 30.30 — Speedy trial; time limitations
• § 300.10 — Court's charge; in general
• § 300.30 — Court's charge; submission of indictment to jury; definitions of terms
• § 300.40 — Court's charge; submission of indictment to jury; counts to be submitted
• § 300.50 — Court's charge; submission of lesser included offenses
• § 310.10 — Jury deliberation; requirement of; where conducted
• § 310.20 — Jury deliberation; use of exhibits and other material
• § 310.30 — Jury deliberation; request for information
• § 310.40 — Verdict; rendition thereof
• § 310.50 — Verdict; form; reconsideration of defective verdict
• § 310.60 — Discharge of jury before rendition of verdict and effect thereof
• § 310.70 — Rendition of partial verdict and effect thereof
• § 310.80 — Recording and checking of verdict and polling of jury
• § 310.85 — Verdict of guilty where defendant not criminally responsible
• § 320.10 — Non-jury trial; when authorized
• § 320.20 — Non-jury trial; nature and conduct thereof
• § 330.10 — Disposition of defendant after verdict of acquittal
• § 330.20 — Procedure following verdict or plea of not responsible by reason of mental disease or defect
• § 330.25 — Removal after verdict
• § 330.30 — Motion to set aside verdict; grounds for
• § 330.40 — Motion to set aside verdict; procedure
• § 330.50 — Motion to set aside verdict; order granting motion
• § 340.10 — Definition of terms
• § 340.20 — The plea
• § 340.30 — Pre-trial discovery and notices of defenses
• § 340.40 — Modes of trial
• § 340.50 — Defendant's presence at trial
• § 350.10 — Conduct of single judge trial
• § 350.20 — Trial by judicial hearing officer
• § 360.05 — Jury trial; order of trial
• § 360.10 — Trial jury; formation in general
• § 360.15 — Trial jury; challenge to the panel
• § 360.20 — Trial jury; examination of prospective jurors; challenges generally
• § 360.25 — Trial jury; challenge for cause of an individual juror
• § 360.30 — Trial jury; peremptory challenge of an individaul juror
• § 360.35 — Trial jury; alternate juror
• § 360.40 — Trial jury; conduct of jury trial in general
• § 360.45 — Court's charge and instructions; in general
• § 360.50 — Court's submission of information to jury; counts and offenses to be submitted
• § 360.55 — Deliberation and verdict of jury
• § 370.10 — Proceedings from verdict to sentence
• § 370.15 — Procedure for determining whether certain misdemeanor crimes are serious offenses under the penal law
• § 370.25 — Procedure for the surrender of firearms, rifles and shotguns upon judgment of conviction for a felony or a serious offense
• § 380.10 — Applicability
• § 380.20 — Sentence required
• § 380.30 — Time for pronouncing sentence
• § 380.40 — Defendant's presence at sentencing
• § 380.50 — Statements at time of sentence
• § 380.55 — Application for waiver of costs, fees, and expenses on appeal
• § 380.60 — Authority for the execution of sentence
• § 380.65 — Sentence and commitment and order of protection to accompany defendant sentenced to imprisonment
• § 380.70 — Minutes of sentence
• § 380.80 — Reporting sentence to social services
• § 380.85 — Reporting sentences to office of professional medical conduct; licensed physician, physician assistant, or specialist assistant
• § 380.90 — Reporting sentences to schools
• § 380.95 — Reporting convictions of certain school employees
• § 380.95*2 — Reporting convictions of certain school employees
• § 380.96 — Obligation of sentencing court pursuant to article four hundred of the penal law
• § 380.97 — Notification to division of criminal justice services of certain misdemeanor convictions
• § 390.10 — Requirement of fingerprint report
• § 390.15 — Requirement of HIV related testing in certain cases
• § 390.20 — Requirement of pre-sentence report
• § 390.30 — Scope of pre-sentence investigation and report
• § 390.40 — Defendant's or prosecutor's pre-sentence memorandum
• § 390.50 — Confidentiality of pre-sentence reports and memoranda
• § 390.60 — Copy of reports to accompany defendant sentenced to imprisonment
• § 40.10 — Previous prosecution; definitions of terms
• § 40.20 — Previous prosecution; when a bar to second prosecution
• § 40.30 — Previous prosecution; what constitutes
• § 40.40 — Separate prosecution of jointly prosecutable offenses; when barred
• § 40.50 — Previous prosecution; enterprise corruption
• § 40.51 — Previous prosecution: presidential reprieve, pardon or other form of clemency
• § 400.10 — Pre-sentence conference
• § 400.15 — Procedure for determining whether defendant is a second violent felony offender
• § 400.16 — Procedure for determining whether defendant is a persistent violent felony offender
• § 400.19 — Procedure for determining whether defendant is a second child sexual assault felony offender
• § 400.20 — Procedure for determining whether defendant should be sentenced as a persistent felony offender
• § 400.21 — Procedure for determining whether defendant is a second felony offender or a second felony drug offender
• § 400.22 — Evidence of imprisonment
• § 400.27 — Procedure for determining sentence upon conviction for the offense of murder in the first degree
• § 400.30 — Procedure for determining the amount of a fine based upon the defendant's gain from the offense
• § 400.40 — Procedure for determining prior convictions for the purpose of sentence in certain cases
• § 410.10 — Specification of conditions of the sentence
• § 410.20 — Modification or enlargement of conditions
• § 410.30 — Declaration of delinquency
• § 410.40 — Notice to appear, warrant
• § 410.50 — Custody and supervision of probationers
• § 410.60 — Appearance before court
• § 410.70 — Hearing on violation
• § 410.80 — Transfer of supervision of probationers
• § 410.90 — Termination of sentence
• § 410.90-A — Superior court; youth part
• § 410.91 — Sentence of parole supervision
• § 420.05 — Payment of fines, mandatory surcharges and fees by credit card
• § 420.10 — Collection of fines, restitution or reparation
• § 420.20 — Collection of fines, restitution or reparation imposed upon corporations
• § 420.30 — Remission of fines, restitution or reparation
• § 420.35 — Mandatory surcharge and crime victim assistance fee; applicability to sentences mandating payment of fines
• § 420.40 — Deferral of a mandatory surcharge; financial hardship hearings
• § 420.45 — Post-trial motion relating to certain instruments affecting residential real property
• § 430.10 — Sentence of imprisonment not to be changed after commencement
• § 430.20 — Commitment of defendant
• § 430.30 — Duty to deliver defendant
• § 440.10 — Motion to vacate judgment
• § 440.20 — Motion to set aside sentence; by defendant
• § 440.30 — Motion to vacate judgment and to set aside sentence; procedure
• § 440.40 — Motion to set aside sentence; by people
• § 440.46 — Motion for resentence; certain controlled substance offenders
• § 440.46-A — Motion for resentence; persons convicted of certain marihuana offenses
• § 440.47 — Motion for resentence; domestic violence cases
• § 440.50 — Notice to crime victims of case disposition
• § 440.55 — Notice to education department where a licensed professional has been convicted of a felony
• § 440.60 — Notification of invalid sentences of probation
• § 440.65 — Notice to child protective agency of conviction for certain crimes against a child
• § 440.70 — Notice to the secretary of state when false financing statement filed
• § 450.10 — Appeal by defendant to intermediate appellate court; in what cases authorized as of right
• § 450.15 — Appeal by defendant to intermediate appellate court; in what cases authorized by permission
• § 450.20 — Appeal by people to intermediate appellate court; in what cases authorized
• § 450.30 — Appeal from sentence
• § 450.40 — Appeal by people from trial order of dismissal
• § 450.50 — Appeal by people from order suppressing evidence; filing of statement in appellate court
• § 450.55 — Appeal by people from order reducing a count of an indictment or directing the filing of a prosecutor's information
• § 450.60 — Appeal to intermediate appellate court; to what court taken
• § 450.70 — Appeal by defendant directly to court of appeals; in what cases authorized
• § 450.80 — Appeal by people directly to court of appeals; in what cases authorized
• § 450.90 — Appeal to court of appeals from order of intermediate appellate court; in what cases authorized
• § 460.10 — Appeal; how taken
• § 460.15 — Certificate granting leave to appeal to intermediate appellate court
• § 460.20 — Certificate granting leave to appeal to court of appeals
• § 460.30 — Extension of time for taking appeal
• § 460.40 — Effect of taking of appeal upon judgment or order of courts below; when stayed
• § 460.50 — Stay of judgment pending appeal to intermediate appellate court
• § 460.60 — Stay of judgment pending appeal to court of appeals from intermediate appellate court
• § 460.70 — Appeal; how perfected
• § 460.80 — Appeal; argument and submission thereof
• § 460.90 — Filing of papers on appeal to the appellate division by electronic means
• § 470.05 — Determination of appeals; general criteria
• § 470.10 — Determination of appeals; definitions of terms
• § 470.15 — Determination of appeals by intermediate appellate courts; scope of review
• § 470.20 — Determination of appeals by intermediate appellate courts; corrective action upon reversal or modification
• § 470.25 — Determination of appeals by intermediate appellate courts; form and content of order
• § 470.30 — Determination by court of appeals of appeals taken directly thereto from judgments and orders of criminal courts
• § 470.35 — Determination by court of appeals of appeals from orders of intermediate appellate courts; scope of review
• § 470.40 — Determination by court of appeals of appeals from intermediate appellate courts; corrective action upon reversal or modification
• § 470.45 — Remission of case by appellate court to criminal court upon reversal or modification of judgment; action by criminal court
• § 470.50 — Reargument of appeal; motion and criteria for
• § 470.55 — Status of accusatory instrument upon order of new trial or restoration of action to pre-pleading status
• § 470.60 — Dismissal of appeal
• § 50.10 — Compulsion of evidence by offer of immunity; definitions of terms
• § 50.20 — Compulsion of evidence by offer of immunity
• § 50.30 — Authority to confer immunity in criminal proceedings; court a competent authority
• § 500.10 — Recognizance, bail and commitment; definitions of terms
• § 510.10 — Securing order; when required; alternatives available; standard to be applied
• § 510.15 — Commitment of principal under seventeen or eighteen
• § 510.20 — Application for a change in securing order
• § 510.30 — Application for securing order; rules of law and criteria controlling determination
• § 510.40 — Court notification to principal of conditions of release and of alleged violations of conditions of release
• § 510.43 — Court appearances: additional notifications
• § 510.45 — Pretrial services agencies
• § 510.50 — Enforcement of securing order
• § 520.10 — Bail and bail bonds; fixing of bail and authorized forms thereof
• § 520.15 — Bail and bail bonds; posting of cash bail
• § 520.20 — Bail and bail bonds; posting of bail bond and justifying affidavits; form and contents thereof
• § 520.30 — Bail and bail bonds; examination as to sufficiency
• § 520.40 — Transfer of cash bail from local criminal court to superior court
• § 530.10 — Order of recognizance release under non-monetary conditions or bail; in general
• § 530.11 — Procedures for family offense matters
• § 530.12 — Protection for victims of family offenses
• § 530.13 — Protection of victims of crimes, other than family offenses
• § 530.14 — Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400
• § 530.20 — Securing order by local criminal court when action is pending therein