New York Consolidated Laws, Criminal Procedure Law - CPL § 100.05 Commencement of action;  in general

[Introductory paragraph eff. until Oct. 1, 2018 or Oct. 1, 2019, pursuant to L.2017, c. 59, pt. WWW, § 106 (b).  See, also, introductory paragraph below.] A criminal action is commenced by the filing of an accusatory instrument with a criminal court, and if more than one such instrument is filed in the course of the same criminal action, such action commences when the first of such instruments is filed.  The only way in which a criminal action can be commenced in a superior court is by the filing therewith by a grand jury of an indictment against a defendant who has never been held by a local criminal court for the action of such grand jury with respect to any charge contained in such indictment.  Otherwise, a criminal action can be commenced only in a local criminal court, by the filing therewith of a local criminal court accusatory instrument, namely:

[Introductory paragraph eff. Oct. 1, 2018 or Oct. 1, 2019, pursuant to L.2017, c. 59, pt. WWW, § 106 (b).  See, also, introductory paragraph above.] A criminal action is commenced by the filing of an accusatory instrument with a criminal court, or, in the case of a juvenile offender or adolescent offender, other than an adolescent offender charged with only a violation or traffic infraction, the youth part of the superior court, and if more than one such instrument is filed in the course of the same criminal action, such action commences when the first of such instruments is filed.  The only way in which a criminal action can be commenced in a superior court, other than a criminal action against a juvenile offender or adolescent offender is by the filing therewith by a grand jury of an indictment against a defendant who has never been held by a local criminal court for the action of such grand jury with respect to any charge contained in such indictment.  Otherwise, a criminal action can be commenced only in a local criminal court, by the filing therewith of a local criminal court accusatory instrument, namely:

1. An information;  or

2. A simplified information;  or

3. A prosecutor's information;  or

4. A misdemeanor complaint;  or

5. A felony complaint.


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