CPL § 1.20 Definitions of terms of general use in this chapter.
Except where different meanings are expressly specified in subsequent
provisions of this chapter, the term definitions contained in section
10.00 of the penal law are applicable to this chapter, and, in addition,
the following terms have the following meanings:
1. "Accusatory instrument" means: (a) an indictment, an indictment
ordered reduced pursuant to subdivision one-a of section 210.20 of this
chapter, an information, a simplified information, a prosecutor's
information, a superior court information, a misdemeanor complaint or a
felony complaint. Every accusatory instrument, regardless of the person
designated therein as accuser, constitutes an accusation on behalf of
the state as plaintiff and must be entitled "the people of the state of
New York" against a designated person, known as the defendant; and
(b) an appearance ticket issued for a parking infraction when (i) such
ticket is based on personal knowledge or information and belief of the
police officer or other public servant who issues the ticket, (ii) the
police officer or other public servant who issues such ticket verifies
that false statements made therein are punishable as a class A
misdemeanor, (iii) the infraction or infractions contained therein are
stated in detail and not in conclusory terms so as to provide the
defendant with sufficient notice including, but not limited, to the
applicable provision of law allegedly violated, and the date, time and
particular place of the alleged infraction, and (iv) such ticket
contains: (1) the license plate designation of the ticketed vehicle, (2)
the license plate type of the ticketed vehicle, (3) the expiration of
the ticketed vehicle's registration, (4) the make or model of the
ticketed vehicle, and (5) the body type of the ticketed vehicle,
provided, however, that where the plate type or the expiration date are
not shown on either the registration plates or sticker of a vehicle or
where the registration sticker is covered, faded, defaced or mutilated
so that it is unreadable, the plate type or the expiration date may be
omitted, provided, further, however, that such condition must be so
described and inserted on the instrument.
2. "Local criminal court accusatory instrument" means any accusatory
instrument other than an indictment or a superior court information.
3. "Indictment" means a written accusation by a grand jury, more fully
defined and described in article two hundred, filed with a superior
court, which charges one or more defendants with the commission of one
or more offenses, at least one of which is a crime, and which serves as
a basis for prosecution thereof.
3-a. "Superior court information" means a written accusation by a
district attorney more fully defined and described in articles one
hundred ninety-five and two hundred, filed with a superior court
pursuant to article one hundred ninety-five, which charges one or more
defendants with the commission of one or more offenses, at least one of
which is a crime, and which serves as a basis for prosecution thereof.
4. "Information" means a verified written accusation by a person, more
fully defined and described in article one hundred, filed with a local
criminal court, which charges one or more defendants with the commission
of one or more offenses, none of which is a felony, and which may serve
both to commence a criminal action and as a basis for prosecution
thereof.
* 5. "Simplified traffic information" means a written accusation, more
fully defined and described in article one hundred, by a police officer
or other public servant authorized by law to issue same, filed with a
local criminal court, which, being in a brief or simplified form
prescribed by the commissioner of motor vehicles, charges a person with
one or more traffic infractions or misdemeanors relating to traffic, and
which may serve both to commence a criminal action for such offense and
as a basis for prosecution thereof.
* NB There are 2 sb 5's -- cannot be put together
* 5. (a) "Simplified information" means a simplified traffic
information, a simplified parks information, or a simplified
environmental conservation information.
(b) "Simplified traffic information" means a written accusation by a
police officer, or other public servant authorized by law to issue same,
more fully defined and described in article one hundred, filed with a
local criminal court, which, being in a brief or simplified form
prescribed by the commissioner of motor vehicles, charges a person with
one or more traffic infractions or misdemeanors relating to traffic, and
which may serve both to commence a criminal action for such offense and
as a basis for prosecution thereof.
(c) "Simplified parks information" means a written accusation by a
police officer, or other public servant authorized by law to issue same,
filed with a local criminal court, which, being in a brief or simplified
form prescribed by the commissioner of parks and recreation, charges a
person with one or more offenses, other than a felony, for which a
uniform simplified parks information may be issued pursuant to the parks
and recreation law and the navigation law, and which may serve both to
commence a criminal action for such offense and as a basis for
prosecution thereof.
(d) "Simplified environmental conservation information" means a
written accusation by a police officer, or other public servant
authorized by law to issue same, filed with a local criminal court,
which being in a brief or simplified form prescribed by the commissioner
of environmental conservation, charges a person with one or more
offenses, other than a felony, for which a uniform simplified
environmental conservation simplified information may be issued pursuant
to the environmental conservation law, and which may serve both to
commence a criminal action for such offense and as a basis for
prosecution thereof.
* NB There are 2 sb 5's -- cannot be put together
6. "Prosecutor's information" means a written accusation by a district
attorney, more fully defined and described in article one hundred, filed
with a local criminal court, which charges one or more defendants with
the commission of one or more offenses, none of which is a felony, and
which serves as a basis for prosecution thereof.
7. "Misdemeanor complaint" means a verified written accusation by a
person, more fully defined and described in article one hundred, filed
with a local criminal court, which charges one or more defendants with
the commission of one or more offenses, at least one of which is a
misdemeanor and none of which is a felony, and which serves to commence
a criminal action but which may not, except upon the defendant's
consent, serve as a basis for prosecution of the offenses charged
therein.
8. "Felony complaint" means a verified written accusation by a person,
more fully defined and described in article one hundred, filed with a
local criminal court, which charges one or more defendants with the
commission of one or more felonies and which serves to commence a
criminal action but not as a basis for prosecution thereof.
9. "Arraignment" means the occasion upon which a defendant against
whom an accusatory instrument has been filed appears before the court in
which the criminal action is pending for the purpose of having such
court acquire and exercise control over his person with respect to such
accusatory instrument and of setting the course of further proceedings
in the action.
10. "Plea," in addition to its ordinary meaning as prescribed in
sections 220.10 and 340.20, means, where appropriate, the occasion upon
which a defendant enters such a plea to an accusatory instrument.
11. "Trial." A jury trial commences with the selection of the jury and
includes all further proceedings through the rendition of a verdict. A
non-jury trial commences with the first opening address, if there be
any, and, if not, when the first witness is sworn, and includes all
further proceedings through the rendition of a verdict.
12. "Verdict" means the announcement by a jury in the case of a jury
trial, or by the court in the case of a non-jury trial, of its decision
upon the defendant's guilt or innocence of the charges submitted to or
considered by it.
13. "Conviction" means the entry of a plea of guilty to, or a verdict
of guilty upon, an accusatory instrument other than a felony complaint,
or to one or more counts of such instrument.
14. "Sentence" means the imposition and entry of sentence upon a
conviction.
15. "Judgment." A judgment is comprised of a conviction and the
sentence imposed thereon and is completed by imposition and entry of the
sentence.
16. "Criminal action." A criminal action (a) commences with the filing
of an accusatory instrument against a defendant in a criminal court, as
specified in subdivision seventeen; (b) includes the filing of all
further accusatory instruments directly derived from the initial one,
and all proceedings, orders and motions conducted or made by a criminal
court in the course of disposing of any such accusatory instrument, or
which, regardless of the court in which they occurred or were made,
could properly be considered as a part of the record of the case by an
appellate court upon an appeal from a judgment of conviction; and (c)
terminates with the imposition of sentence or some other final
disposition in a criminal court of the last accusatory instrument filed
in the case.
17. "Commencement of criminal action." A criminal action is commenced
by the filing of an accusatory instrument against a defendant in a
criminal court, and, if more than one accusatory instrument is filed in
the course of the action, it commences when the first of such
instruments is filed.
18. "Criminal proceeding" means any proceeding which (a) constitutes a
part of a criminal action or (b) occurs in a criminal court and is
related to a prospective, pending or completed criminal action, either
of this state or of any other jurisdiction, or involves a criminal
investigation.
19. "Criminal court" means any court defined as such by section 10.10.
20. "Superior court" means any court defined as such by subdivision
two of section 10.10.
21. "Local criminal court" means any court defined as such by
subdivision three of section 10.10.
22. "Intermediate appellate court" means any court possessing
appellate jurisdiction, other than the court of appeals.
23. "Judge" means any judicial officer who is a member of or
constitutes a court, whether referred to in another provision of law as
a justice or by any other title.
24. "Trial jurisdiction." A criminal court has "trial jurisdiction" of
an offense when an indictment or an information charging such offense
may properly be filed with such court, and when such court has authority
to accept a plea to, try or otherwise finally dispose of such accusatory
instrument.
25. "Preliminary jurisdiction." A criminal court has "preliminary
jurisdiction" of an offense when, regardless of whether it has trial
jurisdiction thereof, a criminal action for such offense may be
commenced therein, and when such court may conduct proceedings with
respect thereto which lead or may lead to prosecution and final
disposition of the action in a court having trial jurisdiction thereof.
26. "Appearance ticket" means a written notice issued by a public
servant, more fully defined in section 150.10, requiring a person to
appear before a local criminal court in connection with an accusatory
instrument to be filed against him therein.
27. "Summons" means a process of a local criminal court or superior
court, more fully defined in section 130.10, requiring a defendant to
appear before such court for the purpose of arraignment upon an
accusatory instrument filed therewith by which a criminal action against
him has been commenced.
28. "Warrant of arrest" means a process of a local criminal court,
more fully defined in section 120.10, directing a police officer to
arrest a defendant and to bring him before such court for the purpose of
arraignment upon an accusatory instrument filed therewith by which a
criminal action against him has been commenced.
29. "Superior court warrant of arrest" means a process of a superior
court directing a police officer to arrest a defendant and to bring him
before such court for the purpose of arraignment upon an indictment
filed therewith by which a criminal action against him has been
commenced.
30. "Bench warrant" means a process of a criminal court in which a
criminal action is pending, directing a police officer, or a uniformed
court officer, pursuant to paragraph b of subdivision two of section
530.70 of this chapter, to take into custody a defendant in such action
who has previously been arraigned upon the accusatory instrument by
which the action was commenced, and to bring him before such court. The
function of a bench warrant is to achieve the court appearance of a
defendant in a pending criminal action for some purpose other than his
initial arraignment in the action.
31. "Prosecutor" means a district attorney or any other public servant
who represents the people in a criminal action.
32. "District attorney" means a district attorney, an assistant
district attorney or a special district attorney, and, where
appropriate, the attorney general, an assistant attorney general, a
deputy attorney general, a special deputy attorney general, or the
special prosecutor and inspector general for the protection of people
with special needs or his or her assistants when acting pursuant to
their duties in matters arising under article twenty of the executive
law, or the inspector general of New York for transportation or his or
her deputies when acting pursuant to article four-B of the executive
law.
33. "Peace officer" means a person listed in section 2.10 of this
chapter.
34. "Police officer." The following persons are police officers:
(a) A sworn member of the division of state police;
* (b) Sheriffs, under-sheriffs and deputy sheriffs of counties outside
of New York City;
* NB Effective until October 16, 2023
* (b) Sheriffs, under-sheriffs and deputy sheriffs of counties outside
of New York City where such department is certified in accordance with
paragraph (d) of subdivision one of section eight hundred forty-six-h of
the executive law;
* NB Effective October 16, 2023
* (c) A sworn officer of an authorized county or county parkway police
department;
* NB Effective until October 16, 2023
* (c) A sworn officer of an authorized county or county parkway police
department where such department is certified in accordance with
paragraph (d) of subdivision one of section eight hundred forty-six-h of
the executive law;
* NB Effective October 16, 2023
* (d) A sworn officer of an authorized police department or force of a
city, town, village or police district;
* NB Effective until October 16, 2023
* (d) A sworn officer of an authorized police department or force of a
city, town, village or police district where such department or force is
certified in accordance with paragraph (d) of subdivision one of section
eight hundred forty-six-h of the executive law;
* NB Effective October 16, 2023
* (e) A sworn officer of an authorized police department of an
authority or a sworn officer of the state regional park police in the
office of parks and recreation;
* NB Effective until October 16, 2023
* (e) A sworn officer of an authorized police department of an
authority or a sworn officer of the state regional park police in the
office of parks and recreation where such department or force is
certified in accordance with paragraph (d) of subdivision one of section
eight hundred forty-six-h of the executive law;
* NB Effective October 16, 2023
* (f) A sworn officer of the capital police force of the office of
general services;
* NB Effective until October 16, 2023
* (f) A sworn officer of the capital police force of the office of
general services where such force is certified in accordance with
paragraph (d) of subdivision one of section eight hundred forty-six-h of
the executive law;
* NB Effective October 16, 2023
(g) An investigator employed in the office of a district attorney;
(h) An investigator employed by a commission created by an interstate
compact who is, to a substantial extent, engaged in the enforcement of
the criminal laws of this state;
(i) The chief and deputy fire marshals, the supervising fire marshals
and the fire marshals of the bureau of fire investigation of the New
York City fire department;
* (j) A sworn officer of the division of law enforcement in the
department of environmental conservation;
* NB Effective until October 16, 2023
* (j) A sworn officer of the division of law enforcement in the
department of environmental conservation where such division is
certified in accordance with paragraph (d) of subdivision one of section
eight hundred forty-six-h of the executive law;
* NB Effective October 16, 2023
* (k) A sworn officer of a police force of a public authority created
by an interstate compact;
* NB Effective until October 16, 2023
* (k) A sworn officer of a police force of a public authority created
by an interstate compact where such force is certified in accordance
with paragraph (d) of subdivision one of section eight hundred
forty-six-h of the executive law;
* NB Effective October 16, 2023
(m) A special investigator employed in the statewide organized crime
task force, while performing his assigned duties pursuant to section
seventy-a of the executive law.
(n) A sworn officer of the Westchester county department of public
safety services who, on or prior to June thirtieth, nineteen hundred
seventy-nine was appointed as a sworn officer of the division of
Westchester county parkway police or who was appointed on or after July
first, nineteen hundred seventy-nine to the title of police officer,
sergeant, lieutenant, captain or inspector or who, on or prior to
January thirty-first, nineteen hundred eighty-three, was appointed as a
Westchester county deputy sheriff.
* (o) A sworn officer of the water-supply police employed by the city
of New York, appointed to protect the sources, works, and transmission
of water supplied to the city of New York, and to protect persons on or
in the vicinity of such water sources, works, and transmission.
* NB Effective until October 16, 2023
* (o) A sworn officer of the New York city department of environmental
protection police, employed by the city of New York, appointed to
protect the sources, works, and transmission of water supplied to the
city of New York, and to protect persons on or in the vicinity of such
water sources, works, and transmission where such department is
certified in accordance with paragraph (d) of subdivision one of section
eight hundred forty-six-h of the executive law;
* NB Effective October 16, 2023
* (p) Persons appointed as railroad police officers pursuant to
section eighty-eight of the railroad law.
* NB Effective until October 16, 2023
* (p) Persons appointed as railroad police officers pursuant to
section eighty-eight of the railroad law where such department or force
is certified in accordance with paragraph (d) of subdivision one of
section eight hundred forty-six-h of the executive law;
* NB Effective October 16, 2023
(q) An employee of the department of taxation and finance (i) assigned
to enforcement of the taxes imposed under or pursuant to the authority
of article twelve-A of the tax law and administered by the commissioner
of taxation and finance, taxes imposed under or pursuant to the
authority of article eighteen of the tax law and administered by the
commissioner, taxes imposed under article twenty of the tax law, or
sales or compensating use taxes relating to petroleum products or
cigarettes imposed under article twenty-eight or pursuant to the
authority of article twenty-nine of the tax law and administered by the
commissioner or (ii) designated as a revenue crimes specialist and
assigned to the enforcement of the taxes described in paragraph (c) of
subdivision four of section 2.10 of this title, for the purpose of
applying for and executing search warrants under article six hundred
ninety of this chapter, for the purpose of acting as a claiming agent
under article thirteen-A of the civil practice law and rules in
connection with the enforcement of the taxes referred to above and for
the purpose of executing warrants of arrest relating to the respective
crimes specified in subdivision four of section 2.10 of this title.
(r) Any employee of the Suffolk county department of parks who is
appointed as a Suffolk county park police officer.
* (s) A university police officer appointed by the state university
pursuant to paragraph 1 of subdivision two of section three hundred
fifty-five of the education law.
* NB Effective until October 16, 2023
* (s) A university police officer appointed by the state university
pursuant to paragraph 1 of subdivision two of section three hundred
fifty-five of the education law where such department or force is
certified in accordance with paragraph (d) of subdivision one of section
eight hundred forty-six-h of the executive law;
* NB Effective October 16, 2023
(t) A sworn officer of the department of public safety of the Buffalo
municipal housing authority who has achieved or been granted the status
of sworn police officer and has been certified by the division of
criminal justice services as successfully completing an approved basic
course for police officers.
* (u) Persons appointed as Indian police officers pursuant to section
one hundred fourteen of the Indian law.
* NB Effective until October 16, 2023
* (u) Persons appointed as Indian police officers pursuant to section
one hundred fourteen of the Indian law where such department or force is
certified in accordance with paragraph (d) of subdivision one of section
eight hundred forty-six-h of the executive law;
* NB Effective October 16, 2023
(v) Supervisor of forest ranger services; assistant supervisor of
forest ranger services; forest ranger 3; forest ranger 2; forest ranger
1 employed by the state department of environmental conservation or
sworn officer of the division of forest protection and fire management
in the department of environmental conservation responsible for wild
land search and rescue, wild land fire management in the state as
prescribed in subdivision eighteen of section 9-0105 and title eleven of
article nine of the environmental conservation law, exercising care,
custody and control of state lands administered by the department of
environmental conservation.
34-a. "Geographical area of employment." The "geographical area of
employment" of certain police officers is as follows:
* (a) Except as provided in paragraph (d) of this subdivision, New
York state constitutes the "geographical area of employment" of any
police officer employed as such by an agency of the state or by an
authority which functions throughout the state, or a police officer
designated by the superintendent of state police pursuant to section two
hundred twenty-three of the executive law;
* NB Effective until September 1, 2025
* (a) Except as provided in paragraph (d), New York state constitutes
the "geographical area of employment" of any police officer employed as
such by an agency of the state or by an authority which functions
throughout the state;
* NB Effective September 1, 2025
(b) A county, city, town or village, as the case may be, constitutes
the "geographical area of employment" of any police officer employed as
such by an agency of such political subdivision or by an authority which
functions only in such political subdivision; and
(c) Where an authority functions in more than one county, the
"geographical area of employment" of a police officer employed thereby
extends through all of such counties.
(d) The geographical area of employment of a police officer appointed
by the state university is the campuses and other property of the state
university, including any portion of a public highway which crosses or
abuts such property.
(e) The geographical area of employment of a police officer appointed
pursuant to section one hundred fourteen of the Indian law is within the
county of Franklin, and within that county, only within the boundary of
the St. Regis reservation, except that if the superintendent of state
police has certified such officer with expanded jurisdiction within the
county of Franklin, pursuant to subdivision eight-a of such section, the
geographical area of employment of such police officer shall also
include the area of expanded jurisdiction set forth in that subdivision.
35. "Commitment to the custody of the sheriff," when referring to an
order of a court located in a county or city which has established a
department of correction, means commitment to the commissioner of
correction of such county or city.
36. "County" ordinarily means (a) any county outside of New York City
or (b) New York City in its entirety. Unless the context requires a
different construction, New York City, despite its five counties, is
deemed a single county within the meaning of the provisions of this
chapter in which that term appears.
37. "Lesser included offense." When it is impossible to commit a
particular crime without concomitantly committing, by the same conduct,
another offense of lesser grade or degree, the latter is, with respect
to the former, a "lesser included offense." In any case in which it is
legally possible to attempt to commit a crime, an attempt to commit such
crime constitutes a lesser included offense with respect thereto.
38. "Oath" includes an affirmation and every other mode authorized by
law of attesting to the truth of that which is stated.
39. "Petty offense" means a violation or a traffic infraction.
40. "Evidence in chief" means evidence, received at a trial or other
criminal proceeding in which a defendant's guilt or innocence of an
offense is in issue, which may be considered as a part of the quantum of
substantive proof establishing or tending to establish the commission of
such offense or an element thereof or the defendant's connection
therewith.
41. "Armed felony" means any violent felony offense defined in section
70.02 of the penal law that includes as an element either:
(a) possession, being armed with or causing serious physical injury by
means of a deadly weapon, if the weapon is a loaded weapon from which a
shot, readily capable of producing death or other serious physical
injury may be discharged; or
(b) display of what appears to be a pistol, revolver, rifle, shotgun,
machine gun or other firearm.
42. "Juvenile offender" means (1) a person, thirteen years old who is
criminally responsible for acts constituting murder in the second degree
as defined in subdivisions one and two of section 125.25 of the penal
law, or such conduct as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law; and (2) a person fourteen
or fifteen years old who is criminally responsible for acts constituting
the crimes defined in subdivisions one and two of section 125.25 (murder
in the second degree) and in subdivision three of such section provided
that the underlying crime for the murder charge is one for which such
person is criminally responsible; section 135.25 (kidnapping in the
first degree); 150.20 (arson in the first degree); subdivisions one and
two of section 120.10 (assault in the first degree); 125.20
(manslaughter in the first degree); subdivisions one and two of section
130.35 (rape in the first degree); subdivisions one and two of section
130.50 (criminal sexual act in the first degree); 130.70 (aggravated
sexual abuse in the first degree); 140.30 (burglary in the first
degree); subdivision one of section 140.25 (burglary in the second
degree); 150.15 (arson in the second degree); 160.15 (robbery in the
first degree); subdivision two of section 160.10 (robbery in the second
degree) of the penal law; or section 265.03 of the penal law, where such
machine gun or such firearm is possessed on school grounds, as that
phrase is defined in subdivision fourteen of section 220.00 of the penal
law; or defined in the penal law as an attempt to commit murder in the
second degree or kidnapping in the first degree, or such conduct as a
sexually motivated felony, where authorized pursuant to section 130.91
of the penal law.
43. "Judicial hearing officer" means a person so designated pursuant
to provisions of article twenty-two of the judiciary law.
44. "Adolescent offender" means a person charged with a felony
committed on or after October first, two thousand eighteen when he or
she was sixteen years of age or on or after October first, two thousand
nineteen, when he or she was seventeen years of age.
45. "Expunge" means, where an arrest and any enforcement activity
connected with that arrest, including prosecution and any disposition in
any New York state court, is deemed a nullity and the accused is
restored, in contemplation of the law, to the status such individual
occupied before the arrest, prosecution and/or disposition; that records
of such arrest, prosecution and/or disposition shall be marked as
expunged or shall be destroyed as set forth in section 160.50 of this
chapter. Neither the arrest nor prosecution and/or disposition, if any,
of a matter deemed a nullity shall operate as a disqualification of any
person so accused to pursue or engage in any lawful activity,
occupation, profession or calling. Except where specifically required or
permitted by statute or upon specific authorization of a superior court,
no such person shall be required to divulge information pertaining to
the arrest, prosecution and/or disposition of such a matter.
NYSentencing