§ 1.20 — Definitions of terms of general use in this chapter

New York § 1.20

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title A: Short Title, Applicability and Definitions
• Part 1: General Provisions

Text

§ 1.20 Definitions of terms of general use in this chapter.\n Except where different meanings are expressly specified in subsequent\nprovisions of this chapter, the term definitions contained in section\n10.00 of the penal law are applicable to this chapter, and, in addition,\nthe following terms have the following meanings:\n 1. "Accusatory instrument" means: (a) an indictment, an indictment\nordered reduced pursuant to subdivision one-a of section 210.20 of this\nchapter, an information, a simplified information, a prosecutor's\ninformation, a superior court information, a misdemeanor complaint or a\nfelony complaint. Every accusatory instrument, regardless of the person\ndesignated therein as accuser, constitutes an accusation on behalf of\nthe state as plaintiff and must be entitled "the people of the state of\nNew York" against a designated person, known as the defendant; and\n (b) an appearance ticket issued for a parking infraction when (i) such\nticket is based on personal knowledge or information and belief of the\npolice officer or other public servant who issues the ticket, (ii) the\npolice officer or other public servant who issues such ticket verifies\nthat false statements made therein are punishable as a class A\nmisdemeanor, (iii) the infraction or infractions contained therein are\nstated in detail and not in conclusory terms so as to provide the\ndefendant with sufficient notice including, but not limited, to the\napplicable provision of law allegedly violated, and the date, time and\nparticular place of the alleged infraction, and (iv) such ticket\ncontains: (1) the license plate designation of the ticketed vehicle, (2)\nthe license plate type of the ticketed vehicle, (3) the expiration of\nthe ticketed vehicle's registration, (4) the make or model of the\nticketed vehicle, and (5) the body type of the ticketed vehicle,\nprovided, however, that where the plate type or the expiration date are\nnot shown on either the registration plates or sticker of a vehicle or\nwhere the registration sticker is covered, faded, defaced or mutilated\nso that it is unreadable, the plate type or the expiration date may be\nomitted, provided, further, however, that such condition must be so\ndescribed and inserted on the instrument.\n 2. "Local criminal court accusatory instrument" means any accusatory\ninstrument other than an indictment or a superior court information.\n 3. "Indictment" means a written accusation by a grand jury, more fully\ndefined and described in article two hundred, filed with a superior\ncourt, which charges one or more defendants with the commission of one\nor more offenses, at least one of which is a crime, and which serves as\na basis for prosecution thereof.\n 3-a. "Superior court information" means a written accusation by a\ndistrict attorney more fully defined and described in articles one\nhundred ninety-five and two hundred, filed with a superior court\npursuant to article one hundred ninety-five, which charges one or more\ndefendants with the commission of one or more offenses, at least one of\nwhich is a crime, and which serves as a basis for prosecution thereof.\n 4. "Information" means a verified written accusation by a person, more\nfully defined and described in article one hundred, filed with a local\ncriminal court, which charges one or more defendants with the commission\nof one or more offenses, none of which is a felony, and which may serve\nboth to commence a criminal action and as a basis for prosecution\nthereof.\n * 5. "Simplified traffic information" means a written accusation, more\nfully defined and described in article one hundred, by a police officer\nor other public servant authorized by law to issue same, filed with a\nlocal criminal court, which, being in a brief or simplified form\nprescribed by the commissioner of motor vehicles, charges a person with\none or more traffic infractions or misdemeanors relating to traffic, and\nwhich may serve both to commence a criminal action for such offense and\nas a basis for prosecution thereof.\n * NB There are 2 sb 5's -- cannot be put together\n * 5. (a) "Simplified information" means a simplified traffic\ninformation, a simplified parks information, or a simplified\nenvironmental conservation information.\n (b) "Simplified traffic information" means a written accusation by a\npolice officer, or other public servant authorized by law to issue same,\nmore fully defined and described in article one hundred, filed with a\nlocal criminal court, which, being in a brief or simplified form\nprescribed by the commissioner of motor vehicles, charges a person with\none or more traffic infractions or misdemeanors relating to traffic, and\nwhich may serve both to commence a criminal action for such offense and\nas a basis for prosecution thereof.\n (c) "Simplified parks information" means a written accusation by a\npolice officer, or other public servant authorized by law to issue same,\nfiled with a local criminal court, which, being in a brief or simplified\nform prescribed by the commissioner of parks and recreation, charges a\nperson with one or more offenses, other than a felony, for which a\nuniform simplified parks information may be issued pursuant to the parks\nand recreation law and the navigation law, and which may serve both to\ncommence a criminal action for such offense and as a basis for\nprosecution thereof.\n (d) "Simplified environmental conservation information" means a\nwritten accusation by a police officer, or other public servant\nauthorized by law to issue same, filed with a local criminal court,\nwhich being in a brief or simplified form prescribed by the commissioner\nof environmental conservation, charges a person with one or more\noffenses, other than a felony, for which a uniform simplified\nenvironmental conservation simplified information may be issued pursuant\nto the environmental conservation law, and which may serve both to\ncommence a criminal action for such offense and as a basis for\nprosecution thereof.\n * NB There are 2 sb 5's -- cannot be put together\n 6. "Prosecutor's information" means a written accusation by a district\nattorney, more fully defined and described in article one hundred, filed\nwith a local criminal court, which charges one or more defendants with\nthe commission of one or more offenses, none of which is a felony, and\nwhich serves as a basis for prosecution thereof.\n 7. "Misdemeanor complaint" means a verified written accusation by a\nperson, more fully defined and described in article one hundred, filed\nwith a local criminal court, which charges one or more defendants with\nthe commission of one or more offenses, at least one of which is a\nmisdemeanor and none of which is a felony, and which serves to commence\na criminal action but which may not, except upon the defendant's\nconsent, serve as a basis for prosecution of the offenses charged\ntherein.\n 8. "Felony complaint" means a verified written accusation by a person,\nmore fully defined and described in article one hundred, filed with a\nlocal criminal court, which charges one or more defendants with the\ncommission of one or more felonies and which serves to commence a\ncriminal action but not as a basis for prosecution thereof.\n 9. "Arraignment" means the occasion upon which a defendant against\nwhom an accusatory instrument has been filed appears before the court in\nwhich the criminal action is pending for the purpose of having such\ncourt acquire and exercise control over his person with respect to such\naccusatory instrument and of setting the course of further proceedings\nin the action.\n 10. "Plea," in addition to its ordinary meaning as prescribed in\nsections 220.10 and 340.20, means, where appropriate, the occasion upon\nwhich a defendant enters such a plea to an accusatory instrument.\n 11. "Trial." A jury trial commences with the selection of the jury and\nincludes all further proceedings through the rendition of a verdict. A\nnon-jury trial commences with the first opening address, if there be\nany, and, if not, when the first witness is sworn, and includes all\nfurther proceedings through the rendition of a verdict.\n 12. "Verdict" means the announcement by a jury in the case of a jury\ntrial, or by the court in the case of a non-jury trial, of its decision\nupon the defendant's guilt or innocence of the charges submitted to or\nconsidered by it.\n 13. "Conviction" means the entry of a plea of guilty to, or a verdict\nof guilty upon, an accusatory instrument other than a felony complaint,\nor to one or more counts of such instrument.\n 14. "Sentence" means the imposition and entry of sentence upon a\nconviction.\n 15. "Judgment." A judgment is comprised of a conviction and the\nsentence imposed thereon and is completed by imposition and entry of the\nsentence.\n 16. "Criminal action." A criminal action (a) commences with the filing\nof an accusatory instrument against a defendant in a criminal court, as\nspecified in subdivision seventeen; (b) includes the filing of all\nfurther accusatory instruments directly derived from the initial one,\nand all proceedings, orders and motions conducted or made by a criminal\ncourt in the course of disposing of any such accusatory instrument, or\nwhich, regardless of the court in which they occurred or were made,\ncould properly be considered as a part of the record of the case by an\nappellate court upon an appeal from a judgment of conviction; and (c)\nterminates with the imposition of sentence or some other final\ndisposition in a criminal court of the last accusatory instrument filed\nin the case.\n 17. "Commencement of criminal action." A criminal action is commenced\nby the filing of an accusatory instrument against a defendant in a\ncriminal court, and, if more than one accusatory instrument is filed in\nthe course of the action, it commences when the first of such\ninstruments is filed.\n 18. "Criminal proceeding" means any proceeding which (a) constitutes a\npart of a criminal action or (b) occurs in a criminal court and is\nrelated to a prospective, pending or completed criminal action, either\nof this state or of any other jurisdiction, or involves a criminal\ninvestigation.\n 19. "Criminal court" means any court defined as such by section 10.10.\n 20. "Superior court" means any court defined as such by subdivision\ntwo of section 10.10.\n 21. "Local criminal court" means any court defined as such by\nsubdivision three of section 10.10.\n 22. "Intermediate appellate court" means any court possessing\nappellate jurisdiction, other than the court of appeals.\n 23. "Judge" means any judicial officer who is a member of or\nconstitutes a court, whether referred to in another provision of law as\na justice or by any other title.\n 24. "Trial jurisdiction." A criminal court has "trial jurisdiction" of\nan offense when an indictment or an information charging such offense\nmay properly be filed with such court, and when such court has authority\nto accept a plea to, try or otherwise finally dispose of such accusatory\ninstrument.\n 25. "Preliminary jurisdiction." A criminal court has "preliminary\njurisdiction" of an offense when, regardless of whether it has trial\njurisdiction thereof, a criminal action for such offense may be\ncommenced therein, and when such court may conduct proceedings with\nrespect thereto which lead or may lead to prosecution and final\ndisposition of the action in a court having trial jurisdiction thereof.\n 26. "Appearance ticket" means a written notice issued by a public\nservant, more fully defined in section 150.10, requiring a person to\nappear before a local criminal court in connection with an accusatory\ninstrument to be filed against him therein.\n 27. "Summons" means a process of a local criminal court or superior\ncourt, more fully defined in section 130.10, requiring a defendant to\nappear before such court for the purpose of arraignment upon an\naccusatory instrument filed therewith by which a criminal action against\nhim has been commenced.\n 28. "Warrant of arrest" means a process of a local criminal court,\nmore fully defined in section 120.10, directing a police officer to\narrest a defendant and to bring him before such court for the purpose of\narraignment upon an accusatory instrument filed therewith by which a\ncriminal action against him has been commenced.\n 29. "Superior court warrant of arrest" means a process of a superior\ncourt directing a police officer to arrest a defendant and to bring him\nbefore such court for the purpose of arraignment upon an indictment\nfiled therewith by which a criminal action against him has been\ncommenced.\n 30. "Bench warrant" means a process of a criminal court in which a\ncriminal action is pending, directing a police officer, or a uniformed\ncourt officer, pursuant to paragraph b of subdivision two of section\n530.70 of this chapter, to take into custody a defendant in such action\nwho has previously been arraigned upon the accusatory instrument by\nwhich the action was commenced, and to bring him before such court. The\nfunction of a bench warrant is to achieve the court appearance of a\ndefendant in a pending criminal action for some purpose other than his\ninitial arraignment in the action.\n 31. "Prosecutor" means a district attorney or any other public servant\nwho represents the people in a criminal action.\n 32. "District attorney" means a district attorney, an assistant\ndistrict attorney or a special district attorney, and, where\nappropriate, the attorney general, an assistant attorney general, a\ndeputy attorney general, a special deputy attorney general, or the\nspecial prosecutor and inspector general for the protection of people\nwith special needs or his or her assistants when acting pursuant to\ntheir duties in matters arising under article twenty of the executive\nlaw, or the inspector general of New York for transportation or his or\nher deputies when acting pursuant to article four-B of the executive\nlaw.\n 33. "Peace officer" means a person listed in section 2.10 of this\nchapter.\n 34. "Police officer." The following persons are police officers:\n (a) A sworn member of the division of state police;\n (b) Sheriffs, under-sheriffs and deputy sheriffs of counties outside\nof New York City where such department is certified in accordance with\nparagraph (d) of subdivision one of section eight hundred forty-six-h of\nthe executive law;\n (c) A sworn officer of an authorized county or county parkway police\ndepartment where such department is certified in accordance with\nparagraph (d) of subdivision one of section eight hundred forty-six-h of\nthe executive law;\n (d) A sworn officer of an authorized police department or force of a\ncity, town, village or police district where such department or force is\ncertified in accordance with paragraph (d) of subdivision one of section\neight hundred forty-six-h of the executive law;\n (e) A sworn officer of an authorized police department of an authority\nor a sworn officer of the state regional park police in the office of\nparks and recreation where such department or force is certified in\naccordance with paragraph (d) of subdivision one of section eight\nhundred forty-six-h of the executive law;\n (f) A sworn officer of the capital police force of the office of\ngeneral services where such force is certified in accordance with\nparagraph (d) of subdivision one of section eight hundred forty-six-h of\nthe executive law;\n (g) An investigator employed in the office of a district attorney;\n (h) An investigator employed by the New York Waterfront Commission or\na commission created by an interstate compact who is, to a substantial\nextent, engaged in the enforcement of the criminal laws of this state;\n (i) The chief and deputy fire marshals, the supervising fire marshals\nand the fire marshals of the bureau of fire investigation of the New\nYork City fire department;\n (j) A sworn officer of the division of law enforcement in the\ndepartment of environmental conservation where such division is\ncertified in accordance with paragraph (d) of subdivision one of section\neight hundred forty-six-h of the executive law;\n (k) A sworn officer of the New York Waterfront Commission or a police\nforce of a public authority created by an interstate compact where such\nforce is certified in accordance with paragraph (d) of subdivision one\nof section eight hundred forty-six-h of the executive law;\n (m) A special investigator employed in the statewide organized crime\ntask force, while performing his assigned duties pursuant to section\nseventy-a of the executive law.\n (n) A sworn officer of the Westchester county department of public\nsafety services who, on or prior to June thirtieth, nineteen hundred\nseventy-nine was appointed as a sworn officer of the division of\nWestchester county parkway police or who was appointed on or after July\nfirst, nineteen hundred seventy-nine to the title of police officer,\nsergeant, lieutenant, captain or inspector or who, on or prior to\nJanuary thirty-first, nineteen hundred eighty-three, was appointed as a\nWestchester county deputy sheriff.\n (o) A sworn officer of the New York city department of environmental\nprotection police, employed by the city of New York, appointed to\nprotect the sources, works, and transmission of water supplied to the\ncity of New York, and to protect persons on or in the vicinity of such\nwater sources, works, and transmission where such department is\ncertified in accordance with paragraph (d) of subdivision one of section\neight hundred forty-six-h of the executive law;\n (p) Persons appointed as railroad police officers pursuant to section\neighty-eight of the railroad law where such department or force is\ncertified in accordance with paragraph (d) of subdivision one of section\neight hundred forty-six-h of the executive law;\n (q) An employee of the department of taxation and finance (i) assigned\nto enforcement of the taxes imposed under or pursuant to the authority\nof article twelve-A of the tax law and administered by the commissioner\nof taxation and finance, taxes imposed under or pursuant to the\nauthority of article eighteen of the tax law and administered by the\ncommissioner, taxes imposed under article twenty of the tax law, or\nsales or compensating use taxes relating to petroleum products or\ncigarettes imposed under article twenty-eight or pursuant to the\nauthority of article twenty-nine of the tax law and administered by the\ncommissioner or (ii) designated as a revenue crimes specialist and\nassigned to the enforcement of the taxes described in paragraph (c) of\nsubdivision four of section 2.10 of this title, for the purpose of\napplying for and executing search warrants under article six hundred\nninety of this chapter, for the purpose of acting as a claiming agent\nunder article thirteen-A of the civil practice law and rules in\nconnection with the enforcement of the taxes referred to above and for\nthe purpose of executing warrants of arrest relating to the respective\ncrimes specified in subdivision four of section 2.10 of this title.\n (r) Any employee of the Suffolk county department of parks who is\nappointed as a Suffolk county park police officer.\n (s) A university police officer appointed by the state university\npursuant to paragraph 1 of subdivision two of section three hundred\nfifty-five of the education law where such department or force is\ncertified in accordance with paragraph (d) of subdivision one of section\neight hundred forty-six-h of the executive law;\n (t) A sworn officer of the department of public safety of the Buffalo\nmunicipal housing authority who has achieved or been granted the status\nof sworn police officer and has been certified by the division of\ncriminal justice services as successfully completing an approved basic\ncourse for police officers.\n (u) Persons appointed as Indian police officers pursuant to section\none hundred fourteen of the Indian law where such department or force is\ncertified in accordance with paragraph (d) of subdivision one of section\neight hundred forty-six-h of the executive law;\n (v) Supervisor of forest ranger services; assistant supervisor of\nforest ranger services; forest ranger 3; forest ranger 2; forest ranger\n1 employed by the state department of environmental conservation or\nsworn officer of the division of forest protection and fire management\nin the department of environmental conservation responsible for wild\nland search and rescue, wild land fire management in the state as\nprescribed in subdivision eighteen of section 9-0105 and title eleven of\narticle nine of the environmental conservation law, exercising care,\ncustody and control of state lands administered by the department of\nenvironmental conservation.\n 34-a. "Geographical area of employment." The "geographical area of\nemployment" of certain police officers is as follows:\n * (a) Except as provided in paragraph (d) of this subdivision, New\nYork state constitutes the "geographical area of employment" of any\npolice officer employed as such by an agency of the state or by an\nauthority which functions throughout the state, or a police officer\ndesignated by the superintendent of state police pursuant to section two\nhundred twenty-three of the executive law;\n * NB Effective until September 1, 2027\n * (a) Except as provided in paragraph (d), New York state constitutes\nthe "geographical area of employment" of any police officer employed as\nsuch by an agency of the state or by an authority which functions\nthroughout the state;\n * NB Effective September 1, 2027\n (b) A county, city, town or village, as the case may be, constitutes\nthe "geographical area of employment" of any police officer employed as\nsuch by an agency of such political subdivision or by an authority which\nfunctions only in such political subdivision; and\n (c) Where an authority functions in more than one county, the\n"geographical area of employment" of a police officer employed thereby\nextends through all of such counties.\n (d) The geographical area of employment of a police officer appointed\nby the state university is the campuses and other property of the state\nuniversity, including any portion of a public highway which crosses or\nabuts such property.\n (e) The geographical area of employment of a police officer appointed\npursuant to section one hundred fourteen of the Indian law is within the\ncounty of Franklin, and within that county, only within the boundary of\nthe St. Regis reservation, except that if the superintendent of state\npolice has certified such officer with expanded jurisdiction within the\ncounty of Franklin, pursuant to subdivision eight-a of such section, the\ngeographical area of employment of such police officer shall also\ninclude the area of expanded jurisdiction set forth in that subdivision.\n 35. "Commitment to the custody of the sheriff," when referring to an\norder of a court located in a county or city which has established a\ndepartment of correction, means commitment to the commissioner of\ncorrection of such county or city.\n 36. "County" ordinarily means (a) any county outside of New York City\nor (b) New York City in its entirety. Unless the context requires a\ndifferent construction, New York City, despite its five counties, is\ndeemed a single county within the meaning of the provisions of this\nchapter in which that term appears.\n 37. "Lesser included offense." When it is impossible to commit a\nparticular crime without concomitantly committing, by the same conduct,\nanother offense of lesser grade or degree, the latter is, with respect\nto the former, a "lesser included offense." In any case in which it is\nlegally possible to attempt to commit a crime, an attempt to commit such\ncrime constitutes a lesser included offense with respect thereto.\n 38. "Oath" includes an affirmation and every other mode authorized by\nlaw of attesting to the truth of that which is stated.\n 39. "Petty offense" means a violation or a traffic infraction.\n 40. "Evidence in chief" means evidence, received at a trial or other\ncriminal proceeding in which a defendant's guilt or innocence of an\noffense is in issue, which may be considered as a part of the quantum of\nsubstantive proof establishing or tending to establish the commission of\nsuch offense or an element thereof or the defendant's connection\ntherewith.\n 41. "Armed felony" means any violent felony offense defined in section\n70.02 of the penal law that includes as an element either:\n (a) possession, being armed with or causing serious physical injury by\nmeans of a deadly weapon, if the weapon is a loaded weapon from which a\nshot, readily capable of producing death or other serious physical\ninjury may be discharged; or\n (b) display of what appears to be a pistol, revolver, rifle, shotgun,\nmachine gun or other firearm.\n 42. "Juvenile offender" means (1) a person, thirteen years old who is\ncriminally responsible for acts constituting murder in the second degree\nas defined in subdivisions one and two of section 125.25 of the penal\nlaw, or such conduct as a sexually motivated felony, where authorized\npursuant to section 130.91 of the penal law; and (2) a person fourteen\nor fifteen years old who is criminally responsible for acts constituting\nthe crimes defined in subdivisions one and two of section 125.25 (murder\nin the second degree) and in subdivision three of such section provided\nthat the underlying crime for the murder charge is one for which such\nperson is criminally responsible; section 135.25 (kidnapping in the\nfirst degree); 150.20 (arson in the first degree); subdivisions one and\ntwo of section 120.10 (assault in the first degree); 125.20\n(manslaughter in the first degree); paragraphs (a) and (b) of\nsubdivision one, paragraphs (a) and (b) of subdivision two and\nparagraphs (a) and (b) of subdivision three of section 130.35 (rape in\nthe first degree); former subdivisions one and two of section 130.35\n(rape in the first degree); subdivisions one and two of former section\n130.50; 130.70 (aggravated sexual abuse in the first degree); 140.30\n(burglary in the first degree); subdivision one of section 140.25\n(burglary in the second degree); 150.15 (arson in the second degree);\n160.15 (robbery in the first degree); subdivision two of section 160.10\n(robbery in the second degree) of the penal law; or section 265.03 of\nthe penal law, where such machine gun or such firearm is possessed on\nschool grounds, as that phrase is defined in subdivision fourteen of\nsection 220.00 of the penal law; or defined in the penal law as an\nattempt to commit murder in the second degree or kidnapping in the first\ndegree, or such conduct as a sexually motivated felony, where authorized\npursuant to section 130.91 of the penal law.\n 43. "Judicial hearing officer" means a person so designated pursuant\nto provisions of article twenty-two of the judiciary law.\n 44. "Adolescent offender" means a person charged with a felony\ncommitted on or after October first, two thousand eighteen when he or\nshe was sixteen years of age or on or after October first, two thousand\nnineteen, when he or she was seventeen years of age.\n 45. "Expunge" means, where an arrest and any enforcement activity\nconnected with that arrest, including prosecution and any disposition in\nany New York state court, is deemed a nullity and the accused is\nrestored, in contemplation of the law, to the status such individual\noccupied before the arrest, prosecution and/or disposition; that records\nof such arrest, prosecution and/or disposition shall be marked as\nexpunged or shall be destroyed as set forth in section 160.50 of this\nchapter. Neither the arrest nor prosecution and/or disposition, if any,\nof a matter deemed a nullity shall operate as a disqualification of any\nperson so accused to pursue or engage in any lawful activity,\noccupation, profession or calling. Except where specifically required or\npermitted by statute or upon specific authorization of a superior court,\nno such person shall be required to divulge information pertaining to\nthe arrest, prosecution and/or disposition of such a matter.\n