§ 100.55 — Local criminal court accusatory instruments; in what courts filed

New York § 100.55

• 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

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§ 100.55 Local criminal court accusatory instruments; in what courts\n filed.\n 1. Any local criminal court accusatory instrument may be filed with a\ndistrict court of a particular county when an offense charged therein\nwas allegedly committed in such county or that part thereof over which\nsuch court has jurisdiction.\n 2. Any local criminal court accusatory instrument may be filed with\nthe New York City criminal court when an offense charged therein was\nallegedly committed in New York City.\n 3. Any local criminal court accusatory instrument may be filed with a\ncity court of a particular city when an offense charged therein was\nallegedly committed in such city.\n 4. An information, a simplified information, a prosecutor's\ninformation or a misdemeanor complaint may be filed with a town court of\na particular town when an offense charged therein was allegedly\ncommitted anywhere in such town other than in a village thereof having a\nvillage court.\n 5. An information, a simplified information, a prosecutor's\ninformation or a misdemeanor complaint may be filed with a village court\nof a particular village when an offense charged therein was allegedly\ncommitted in such village.\n 6. A felony complaint may be filed with any town court or village\ncourt of a particular county when a felony charged therein was allegedly\ncommitted in some town of such county. Such court need not be that of\nthe town or village in which such felony was allegedly committed.\n 7. An information, a simplified information, a misdemeanor complaint\nor a felony complaint may be filed with a judge of a superior court\nsitting as a local criminal court when an offense charged therein was\nallegedly committed in a county in which such judge is then present and\nin which he either resides or is currently holding, or has been assigned\nto hold, a term of a superior court.\n 8. Where it is otherwise expressly provided by law that a particular\nkind of accusatory instrument may under given circumstances be filed\nwith a local criminal court other than one authorized by this section,\nnothing contained in this section precludes the filing of such\naccusatory instrument accordingly.\n 9. In any case where each of two or more local criminal courts is\nauthorized as a proper court with which to file an accusatory\ninstrument, such an instrument may, in the absence of an express\nprovision of law to the contrary, be filed with any one of such courts\nbut not with more than one.\n 10. For purposes of this section, an offense is "committed in" a\nparticular county, city, town, village or other specified political\nsubdivision or area, not only when it is in fact committed therein but\nalso when it is, for other reasons specified in sections 20.40 and\n20.50, prosecutable in the criminal courts having geographical\njurisdiction over such political subdivision or area.\n 11. Notwithstanding any provision of law to the contrary, a local\ncriminal court accusatory instrument may be filed with a local criminal\ncourt while it is operating an off-hours arraignment part designated in\naccordance with paragraph (w) of subdivision one of section two hundred\ntwelve of the judiciary law provided that an offense charged therein was\nallegedly committed in the county in which the local criminal court is\nlocated.\n