CPL 100, 110, 120, and 160 Criminal Procedure Law

Comprehensive flashcards covering the commencement of criminal actions, accusatory instruments, arrest warrants, and the processing/sealing of criminal records according to the New York Criminal Procedure Law.

CPL 100.05

The statute governing the Commencement of Action, which states that a criminal action is commenced by the filing of an accusatory instrument with a criminal court or the Youth Part of the Superior Court.

Accusatory Instrument

A legal document filed with a court to commence a criminal action; includes informations, complaints, and indictments.

Local Criminal Court Accusatory Instruments

The five instruments used in local courts: Information, Simplified Information, Prosecutor's Information, Misdemeanor Complaint, and Felony Complaint.

Superior Court Instruments

The two instruments used in superior courts: Indictment and Superior Court Information (SCI).

Information

A verified written accusation charging a person with one or more non-felony offenses; it can serve as the basis for both commencement and prosecution.

Simplified Traffic Information

A written accusation by a police officer or authorized public servant charging a person with traffic infractions or misdemeanors relating to traffic; it cannot charge a felony.

Prosecutor's Information

A written accusation by a district attorney filed at the direction of a Grand Jury, a Local Criminal Court, a Superior Court, or on the DA's own instance; it cannot charge felonies.

Misdemeanor Complaint

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

Felony Complaint

A verified written accusation charging a person with one or more felonies; it commences a criminal action but does not serve as a basis for prosecution as a defendant cannot plead guilty to it.

Accusatory Part

The section of an accusatory instrument that designates the specific offense or offenses charged.

Factual Part

The section of an accusatory instrument containing a statement by the complainant alleging facts of an evidentiary character supporting the charges.

Armed Felony

A designation required in the accusatory part if a felony complaint charges a violent felony offense of that specific nature.

Supporting Deposition

A written instrument accompanying an accusatory instrument, subscribed and verified by someone other than the complainant (usually the victim), which supports the charges.

30 Days

The timeframe within which a defendant must request a supporting deposition after being directed to appear in court via an appearance ticket for a simplified information.

Sufficient on its face

A legal standard where an instrument complies with CPL 100.15 and CPL 140, including having every element of the offense supported by non-hearsay allegations.

Warrant of Arrest

A process issued by a local or superior criminal court directing a police officer to arrest a defendant and bring them before the court for arraignment.

3 F's (Flying, Fear, Flush)

The conditions under which an officer may enter premises without notice: the defendant attempting to escape (Flying), danger to life/safety (Fear), or destruction of evidence (Flush).

Division of Criminal Justice Services (DCJS)

The state agency responsible for processing fingerprints, searching criminal history records, and maintaining criminal ID records.

CPL 160.10 Fingerprinting Duties

Mandatory fingerprinting for all felonies, Penal Law misdemeanors, loitering for prostitution, and certain repeat misdemeanors defined outside the penal law.

CPL 160.45

The law prohibiting any law enforcement agency from requesting or requiring a victim of a sexual assault crime to submit to a polygraph test.

Termination in Favor of the Accused

A legal outcome (such as acquittal or dismissal) that triggers the sealing of records and the destruction or return of photographs and fingerprints under CPL 160.50.

Automatic Sealing (CPL 160.57)

The sealing of certain convictions after a waiting period of $3$ years for DWAI/misdemeanors and $8$ years for most felonies, provided statutory requirements are met.

Eligible Offense (CPL 160.59)

Any crime defined in NY law excluding sex offenses, violent felonies, Class $A$ felonies, and homicide-related felonies under Article 125.

10-Year Period

The time that must pass since the last sentence or release from incarceration for a defendant to apply for sealing of up to $2$ eligible offenses under CPL 160.59.

CPL 160.60

The statute declaring that when an action is terminated in favor of the accused, the arrest and prosecution are deemed a nullity and the person is restored to their prior status.