New York § 100.05 Commencement of action; in general

New York Statutes

§ 100.05 — Commencement of action; in general

New York § 100.05

JurisdictionNew York

Law CPLCriminal Procedure

Title HPreliminary Proceedings In Local Criminal Court

Part 2The Principal Proceedings

Art. 100Commencement of Action In Local Criminal Court or Youth Part of a Superior Court--accusatory Instruments

This text of New York § 100.05 (Commencement of action; in general) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Criminal Procedure § 100.05 (2026).

Text

§ 100.05 Commencement of action; in general.\n  A criminal action is commenced by the filing of an accusatory\ninstrument with a criminal court, or, in the case of a juvenile offender\nor adolescent offender, other than an adolescent offender charged with\nonly a violation or traffic infraction, the youth part of the superior\ncourt, and if more than one such instrument is filed in the course of\nthe same criminal action, such action commences when the first of such\ninstruments is filed. The only way in which a criminal action can be\ncommenced in a superior court, other than a criminal action against a\njuvenile offender or adolescent offender is by the filing therewith by a\ngrand jury of an indictment against a defendant who has never been held\nby a local criminal court for the action

Free access — add to your briefcase to read the full text and ask questions with AI

§ 100.05 Commencement of action; in general.\n A criminal action is commenced by the filing of an accusatory\ninstrument with a criminal court, or, in the case of a juvenile offender\nor adolescent offender, other than an adolescent offender charged with\nonly a violation or traffic infraction, the youth part of the superior\ncourt, and if more than one such instrument is filed in the course of\nthe same criminal action, such action commences when the first of such\ninstruments is filed. The only way in which a criminal action can be\ncommenced in a superior court, other than a criminal action against a\njuvenile offender or adolescent offender is by the filing therewith by a\ngrand jury of an indictment against a defendant who has never been held\nby a local criminal court for the action of such grand jury with respect\nto any charge contained in such indictment. Otherwise, a criminal action\ncan be commenced only in a local criminal court, by the filing therewith\nof a local criminal court accusatory instrument, namely:\n 1. An information; or\n 2. A simplified information; or\n 3. A prosecutor's information; or\n 4. A misdemeanor complaint; or\n 5. A felony complaint.\n