CPL 100, 110, 120 & 160

This set of flashcards covers the vocabulary regarding New York criminal procedure, focusing on filing instruments, arrest warrants, and the protocols for fingerprinting and sealing case records.

CPL 100.05

The statute stating that a criminal action begins when the first accusatory instrument is filed with a criminal court or the Youth Part of a superior court.

Local Criminal Court Accusatory Instruments

The $5$ specific documents used to start an action in local courts: information, simplified information, prosecutor's information, misdemeanor complaint, and felony complaint.

Information

A verified written document charging one or more individuals with an offense (none of which are felonies) that serves as the basis for starting and prosecuting a criminal action.

Simplified Information

A written accusation issued by police or authorized public servants for traffic, parks, or environmental conservation violations; it cannot be used to charge a felony.

Prosecutor's Information

A written accusation filed by a District Attorney in local criminal court that cannot charge felonies and only commences a criminal action if directed by a Grand Jury.

Misdemeanor Complaint

A verified written accusation charging at least one misdemeanor and no felonies; it can only serve as the basis for prosecution if the defendant waives prosecution by information.

Felony Complaint

A verified written accusation charging at least one felony used to commence a criminal action, but it cannot be used as the basis for a guilty plea or final prosecution.

Accusatory Part

The specific section of an instrument that identifies the offense or offenses the defendant is charged with committing.

Factual Part

The section of an instrument where the complainant provides evidentiary statements and facts that support the designated charges.

Supporting Deposition

A written document signed or sworn by someone other than the complainant—often a victim—providing facts that support the charges in an accusatory instrument.

CPL 100.30 Verification Methods

Valid ways to swear to an instrument, including doing so before the court, a police desk officer, a notary public, a court clerk, or by using a form notice regarding penalties for false statements.

Warrant of Arrest

A process issued by a court directing a police officer to take a defendant into custody for the purpose of arraignment on a filed accusatory instrument.

The Three F's (Flying, Fear, Flush)

The situational conditions (escape, danger to safety, or destruction of evidence) that allow an officer executing a warrant to enter a third-party dwelling without prior notice of authority.

CPL 160.10 Mandatory Fingerprinting

The requirement to take a defendant's fingerprints following an arrest for any felony, a Penal Law misdemeanor, or loitering for prostitution.

Division of Criminal Justice Services (DCJS)

The state agency responsible for searching criminal records, processing fingerprints, and informing the court and District Attorney of a defendant's prior record.

CPL 160.45

A legal prohibition that prevents any law enforcement agency or District Attorney from requiring or requesting a victim of a sex crime to submit to a polygraph test.

CPL 160.50 Sealing Rules

The mandate that when an action ends in favor of the accused, records must be sealed and fingerprints or photographs must be destroyed or returned.

Targeted Access to Sealed Records

Specific entities permitted to view sealed files, including the accused, gun licensing agencies, and prospective employers for police or peace officer positions.

CPL 160.57 Automatic Sealing

A process where convictions for DWAI or most misdemeanors are sealed after $3$ years, and most felonies after $8$ years, assuming no pending charges or active supervision.

CPL 160.59 Sealing Application

The process for a defendant with up to $2$ eligible convictions (maximum of $1$ felony) to apply for sealing after a $10$ year waiting period.

CPL 160.60

The statute declaring that if a criminal action ends in favor of the accused, the person is restored to their status before the arrest, and the prosecution is considered a nullity.