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Article 10 - NY Criminal Procedure Law

THE CRIMINAL COURTS

Section Description
10.10The criminal courts; enumeration and definitions.
10.20Superior courts; jurisdiction.
10.30Local criminal courts; jurisdiction.
10.40Chief administrator to prescribe forms.
S 10.10 The criminal courts; enumeration and definitions.
  1. The "criminal courts" of this state are comprised of the superior
courts and the local criminal courts.
  2. "Superior court" means:
  (a) The supreme court; or
  (b) A county court.
  3. "Local criminal court" means:
  (a) A district court; or
  (b) The New York City criminal court; or
  (c) A city court; or
  (d) A town court; or
  (e) A village court; or
  (f) A supreme court justice sitting as a local criminal court; or
  (g) A county judge sitting as a local criminal court.
  4. "City court" means any court for a city, other than New York City,
having trial jurisdiction of offenses of less than felony grade only
committed within such city, whether such court is entitled a city court,
a municipal court, a police court, a recorder`s court or is known by any
other id or title.
  5. "Town court." A "town court" is comprised of all the town justices
of a town.
  6. "Village court." A "village court" is comprised of the justice of a
village, or all the justices thereof if there be more than one, or, at a
time when he or they are absent, an acting justice of a village who is
authorized to perform the functions of a village justice during his
absence.
  7. Notwithstanding any other provision of this section, a court
specified herein which possesses civil as well as criminal jurisdiction
does not act as a criminal court when acting solely in the exercise of
its civil jurisdiction, and an order or determination made by such a
court in its civil capacity is not an order or determination of a
criminal court even though it may terminate or otherwise control or
affect a criminal action or proceeding.

S 10.20 Superior courts; jurisdiction.
  1. Superior courts have trial jurisdiction of all offenses. They have:
  (a) Exclusive trial jurisdiction of felonies; and
  (b) Trial jurisdiction of misdemeanors concurrent with that of the
local criminal courts; and
  (c) Trial jurisdiction of petty offenses, but only when such an
offense is charged in an indictment which also charges a crime.
  2. Superior courts have preliminary jurisdiction of all offenses, but
they exercise such jurisdiction only by reason of and through the agency
of their grand juries.
  3. Superior court judges may, in their discretion, sit as local
criminal courts for the following purposes:
  (a) conducting arraignments, as provided in subdivision two of section
170.15 and subdivision two of section 180.20 of this chapter;
  (b) issuing warrants of arrests, as provided in subdivision one of
section 120.70 of this chapter; and
  (c) issuing search warrants, as provided in article six hundred ninety
of this chapter.

S 10.30 Local criminal courts; jurisdiction.
  1.  Local criminal courts have trial jurisdiction of all offenses
other than felonies.  They have:
  (a)  Exclusive trial jurisdiction of petty offenses except for the
superior court jurisdiction thereof prescribed in paragraph (c) of
subdivision one of section 10.20; and
  (b)  Trial jurisdiction of misdemeanors concurrent with that of the
superior courts but subject to divestiture thereof by the latter in any
particular case.
  2.  Local criminal courts have preliminary jurisdiction of all
offenses subject to divestiture thereof in any particular case by the
superior courts and their grand juries.
  3.  Notwithstanding the provisions of subdivision one, a superior
court judge sitting as a local criminal court does not have trial
jurisdiction of any offense, but has preliminary jurisdiction only, as
provided in subdivision two.

S 10.40 Chief administrator to prescribe forms and to authorize use of
             electronic filing.
    1.  The  chief  administrator  of  the  courts shall have the power to
  adopt, amend and rescind forms for the efficient and just administration
  of this chapter. A failure by any party to submit papers  in  compliance
  with  forms  authorized  by  this  section shall not be grounds for that
  reason alone for denial or granting of any motion.
    2.  (a)  Notwithstanding  any  other  provision  of  law,  the   chief
  administrator,  with  the  approval  of  the administrative board of the
  courts, may promulgate  rules  authorizing  a  program  in  the  use  of
  electronic  means  ("e-filing")  in  the supreme court and in the county
  court for (i) the filing with a court of an  accusatory  instrument  for
  the  purpose  of  commencement  of  a criminal action or proceeding in a
  superior court, as provided by articles one hundred ninety-five and  two
  hundred  of  this  chapter, and (ii) the filing and service of papers in
  pending criminal actions and proceedings. Provided, however,  the  chief
  administrator  shall  consult  with the county clerk of a county outside
  the city of New York before  the  use  of  electronic  means  is  to  be
  authorized  in  the supreme court or county court of such county, afford
  him or her the opportunity to  submit  comments  with  respect  thereto,
  consider  any  such  comments  and  obtain the agreement thereto of such
  county clerk.
    (b) (i) Except as otherwise provided in this paragraph,  participation
  in  this  program  shall  be strictly voluntary and will take place only
  upon consent of all parties in the criminal action or proceeding; except
  that a party's failure to consent to participation  shall  not  bar  any
  other  party  to the action from filing and serving papers by electronic
  means upon the court or any other party to such action or proceeding who
  has consented to  participation.  Filing  an  accusatory  instrument  by
  electronic  means  with  the  court for the purpose of commencement of a
  criminal action or proceeding shall not require the consent of any other
  party; provided, however, that upon such filing any person  who  is  the
  subject  of  such accusatory instrument and any attorney for such person
  shall be permitted to immediately  review  and  obtain  copies  of  such
  instrument  if such person or attorney would have been authorized by law
  to review or copy such instrument if it had been filed with the court in
  paper form.
    No party shall be compelled, directly or indirectly, to participate in
  e-filing. All parties shall be  notified  clearly,  in  plain  language,
  about  their  options  to  participate in e-filing. Where a party is not
  represented by counsel, the clerk shall explain such party's options for
  electronic filing in plain language, including the option for  expedited
  processing,  and  shall inquire whether he or she wishes to participate,
  provided however the  unrepresented  litigant  may  participate  in  the
  program  only  upon his or her request, which shall be documented in the
  case  file,  after  said  party  has  been  presented  with   sufficient
  information in plain language concerning the program.
    (ii)  The chief administrator may eliminate the requirement of consent
  to participation in this program in supreme and  county  courts  of  not
  more  than  six  counties  provided  he  or  she  may not eliminate such
  requirement for a court without the consent of  the  district  attorney,
  the  consent of the criminal defense bar as defined in subdivision three
  of this section and the consent of the county clerk  of  the  county  in
  which such court presides.
    Notwithstanding  the  foregoing  provisions  of this subparagraph, the
  chief administrator shall not eliminate the requirement  of  consent  to
  participation  in a county hereunder until he or she shall have provided
  all   persons   and   organizations,   or   their   representative    or
  representatives, who regularly appear in criminal actions or proceedings
  in  the  superior  court  of  such  county  with  reasonable  notice and
  opportunity to submit comments with respect thereto and shall have given
  due  consideration  to all such comments, nor until he or she shall have
  consulted with the  members  of  the  advisory  committee  specified  in
  subparagraph  (v)  of  paragraph  (t)  of subdivision two of section two
  hundred twelve of the judiciary law.
    (c) Where  the  chief  administrator  eliminates  the  requirement  of
  consent  as  provided  in  subparagraph  (ii)  of  paragraph (b) of this
  subdivision, he or she shall afford counsel the opportunity to  opt  out
  of  the  program, via presentation of a prescribed form to be filed with
  the court where the criminal action is pending. Said form  shall  permit
  an  attorney to opt out of participation in the program under any of the
  following circumstances, in which event, he or she will not be compelled
  to participate:
    (i) Where the attorney certifies in good faith that he  or  she  lacks
  appropriate  computer  hardware and/or connection to the internet and/or
  scanner or other device by  which  documents  may  be  converted  to  an
  electronic format; or
    (ii)  Where  the attorney certifies in good faith that he or she lacks
  the requisite knowledge  in  the  operation  of  such  computers  and/or
  scanners   necessary   to   participate.   For   the  purposes  of  this
  subparagraph, the knowledge of any  employee  of  an  attorney,  or  any
  employee  of  the attorney's law firm, office or business who is subject
  to such attorney's direction, shall be imputed to the attorney.
    Notwithstanding the foregoing provisions of this paragraph: (A)  where
  a  party  is  not  represented  by counsel, the clerk shall explain such
  party's options for electronic filing in plain language,  including  the
  option  for  expedited  processing,  and shall inquire whether he or she
  wishes to participate, provided however the unrepresented  litigant  may
  participate  in the program only upon his or her request, which shall be
  documented in the case file, after said party has  been  presented  with
  sufficient  information  in plain language concerning the program; (B) a
  party not represented by counsel who has chosen to  participate  in  the
  program  shall be afforded the opportunity to opt out of the program for
  any reason via presentation of a prescribed form to be  filed  with  the
  clerk  of the court where the proceeding is pending; and (C) a court may
  exempt any attorney from being required to participate  in  the  program
  upon application for such exemption, showing good cause therefor.
    (d)(i)  Nothing  in  this  section shall affect or change any existing
  laws governing the sealing  and  confidentiality  of  court  records  in
  criminal  proceedings  or access to court records by the parties to such
  proceedings, nor shall this section be construed to compel  a  party  to
  file a sealed document by electronic means.
    (ii)  Notwithstanding any other provision of this section, no paper or
  document that is filed by electronic means in a criminal  proceeding  in
  supreme  court  or county court shall be available for public inspection
  on-line. Subject to  the  provisions  of  existing  laws  governing  the
  sealing  and  confidentiality  of  court  records,  nothing herein shall
  prevent the unified court system from  sharing  statistical  information
  that  does  not  include  any papers or documents filed with the action;
  and, provided further, that this paragraph shall not prohibit the  chief
  administrator,  in  the  exercise of his or her discretion, from posting
  papers or documents that have not been  sealed  pursuant  to  law  on  a
  public  website  maintained  by  the unified court system where: (A) the
  website is not the website established by the rules promulgated pursuant
  to paragraph (a) of this subdivision, and (B) to do so would be  in  the
  public   interest.   For   purposes  of  this  subparagraph,  the  chief
  administrator, in determining whether posting papers or documents  on  a
  public website is in the public interest, shall, at a minimum, take into
  account  for  each  posting  the following factors: (A) the type of case
  involved;  (B)  whether  such  posting  would  cause harm to any person,
  including especially a minor or crime victim; (C) whether  such  posting
  would  include  lewd or scandalous matters; and (D) the possibility that
  such papers or documents may ultimately be sealed.
    (iii) Nothing in this section shall affect  or  change  existing  laws
  governing  service  of  process,  nor shall this section be construed to
  abrogate existing personal service requirements  as  set  forth  in  the
  criminal procedure law.
    3.  For  purposes  of this section, the following terms shall have the
  following meanings:
    (a) "Consent of the criminal defense bar" shall mean that consent  has
  been  obtained  from  all  provider  offices and/or organizations in the
  county that represented twenty-five  percent  or  more  of  the  persons
  represented  by  public  defense  providers  pursuant  to  section seven
  hundred twenty-two of the county law, as shown in the most recent annual
  reports filed pursuant to  subdivision  one  of  section  seven  hundred
  twenty-two-f  of  the  county  law.  Such  consent,  when given, must be
  expressed in a written document that is provided  by  a  person  who  is
  authorized  to  consent  on  behalf  of  the  relevant  public  defender
  organization, agency or office; and
    (b) "Electronic means" shall be as defined in subdivision (f) of  rule
  twenty-one hundred three of the civil practice law and rules; and
    (c)  The "filing and service of papers in pending criminal actions and
  proceedings" shall include the filing and service of a notice of  appeal
  pursuant to section 460.10 of this chapter.
    * NB Effective until September 1, 2019
  * S 10.40 Chief administrator to prescribe forms.
    The  chief  administrator of the courts shall have the power to adopt,
  amend and rescind forms for the efficient  and  just  administration  of
  this chapter. A failure by any party to submit papers in compliance with
  forms  authorized  by  this section shall not be grounds for that reason
  alone for denial or granting of any motion.
    * NB Effective September 1, 2019

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