2023 CPL 1.00 Fax Accusatory Instruments

Question 1

Name 7 Accusatory Instruments.

Answer 1

1. Indictment - superior court;
2. Superior court information - superior court;
3. Information (non-hearsay) - LCC;
4. Simplified information (Parks, Environmental conservation and traffic) - LCC;
5. Prosecutor’s information - LCC;
6. Misdemeanor complaint (hearsay) - LCC; and
7. Felony complaint (hearsay) - LCC.

Question 2

Name 8 Local Criminal Courts - LCC

Answer 2

1. District Court;
2. New York City Criminal Court;
3. City Court;
4. Town Court;
5. Village Court;
6. Supreme Court Justice sitting as a LCC;
7. County Judge sitting as a LCC; and
8. Justice Court.

Question 3

Name the 2 Superior Courts.

Answer 3

1. Supreme Court; and County Court.

Question 4

Indictment

Answer 4

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 (crime = felony or misdemeanor)

Question 5

Superior court Information

Answer 5

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 (Crime = misdemeanor or a felony)

Question 6

Information

Answer 6

Is a VERIFIED WRITTEN ACCUSATION BY A PERSON, FILED WITH A LOCAL CRIMINAL COURT, charging one or more other persons with the commission of ONE OR MORE OFFENSES, NONE OF WHICH IS A FELONY. It MAY serve as a basis BOTH for the commence a criminal action and for prosecution thereof in a local criminal court. CPL 100.1 (non-hearsay)

Question 7

Simplified information

Answer 7

Is a written accusation by a police officer, or other public servant authorized by law to issue same, filed with a local criminal court, which charges a person with one or more offenses, other than a felony, for which a uniform simplified information may be issued pursuant to the Parks, Environmental Conservation law or Traffic, and which being in a brief or simplified form prescribed by the commissioner of Parks, Environmental Conservation or Traffic, designates the offense or offenses charged but contains no factual allegations of an evidentiary nature supporting such charge or charges. It serves as a basis for commencement of a criminal action for such offenses, alternative to the charging thereof by a regular information, and, under circumstances prescribed in section 100.25, it MAY serve, either in whole or in part as a basis for prosecution thereof. CPL 100.2(c)

Question 8

Prosecutor’s Information

Answer 8

is a written accusation by a district attorney, filed with a local criminal court, either (a) at the direction of a grand jury pursuant to section 190.70, or (b) at the direction of a local criminal court pursuant to section 180.50 or 180.70, or (c) at the district attorney’s own instance pursuant to subdivision two of section 100.50, or (d) at the direction of a superior court pursuant to subdivision one-a of section 210.20, charging one or more persons with the commission of one or more offenses, none of which is a felony. It serves as a basis for the prosecution of a criminal action, but commences a criminal action ONLY where it results from a grand jury direction issued in a case not previously commenced in a local criminal court CPL 100.3

Question 9

Misdemeanor Complaint

Answer 9

Is a VERIFIED written accusation by a PERSON, filed with a local criminal court, charging one or more other persons with the commission of one or more offenses, at least one of which is a misdemeanor and none of which is a felony. It serves as a basis for the commence of a criminal action, but it MAY serve as a basis for prosecution thereof ONLY where a defendant has waived prosecution by information pursuant to subdivision three of section 170.65. CPL 100.4 (Tropea: hearsay)

Question 10

Felony Complaint

Answer 10

Is a VERIFIED written accusation by a PERSON, filed with a local criminal court, or youth part of the superior court, charging one or more other persons with the commission of one or more felonies. It serves as a basis for the commencement of a criminal action, but NOT as a basis for prosecution thereof. CPL 100.5 (Tropea: hearsay)