§ 100.15 — Information, misdemeanor complaint and felony complaint; form and content

New York § 100.15

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title H: Preliminary Proceedings In Local Criminal Court
• Part 2: The Principal Proceedings
• Art. 100: Commencement of Action In Local Criminal Court or Youth Part of a Superior Court--accusatory Instruments

Text

§ 100.15 Information, misdemeanor complaint and felony complaint; form\n and content.\n 1. An information, a misdemeanor complaint and a felony complaint\nmust each specify the name of the court with which it is filed and the\ntitle of the action, and must be subscribed and verified by a person\nknown as the "complainant." The complainant may be any person having\nknowledge, whether personal or upon information and belief, of the\ncommission of the offense or offenses charged. Each instrument must\ncontain an accusatory part and a factual part. The complainant's\nverification of the instrument is deemed to apply only to the factual\npart thereof and not to the accusatory part.\n 2. The accusatory part of each such instrument must designate the\noffense or offenses charged. As in the case of an indictment, and\nsubject to the rules of joinder applicable to indictments, two or more\noffenses may be charged in separate counts. Also as in the case of an\nindictment, such instrument may charge two or more defendants provided\nthat all such defendants are jointly charged with every offense alleged\ntherein.\n 3. The factual part of such instrument must contain a statement of\nthe complainant alleging facts of an evidentiary character supporting or\ntending to support the charges. Where more than one offense is charged,\nthe factual part should consist of a single factual account applicable\nto all the counts of the accusatory part. The factual allegations may\nbe based either upon personal knowledge of the complainant or upon\ninformation and belief. Nothing contained in this section, however,\nlimits or affects the requirement, prescribed in subdivision one of\nsection 100.40, that in order for an information or a count thereof to\nbe sufficient on its face, every element of the offense charged and the\ndefendant's commission thereof must be supported by non-hearsay\nallegations of such information and/or any supporting depositions.\n 4. Where a felony complaint charges a violent felony offense defined\nin section 70.02 of the penal law and such offense is an armed felony as\ndefined in subdivision forty-one of section 1.20,\n (a) the accusatory part of the instrument must designate the offense\nas an armed felony, and (b) the factual part of the instrument must\nallege facts of an evidentiary character supporting or tending to\nsupport such designation.\n