New York State Law
Criminal Procedure Law
Consolidated Laws of New York's CPL code
Article 130 - NY Criminal Procedure Law
THE SUMMONS
| Section | Description |
|---|---|
| 130.10 | Summons; definition, function, form and content. |
| 130.20 | Summons; by what courts issuable and in what courts returnable. |
| 130.30 | Summons; when issuable. |
| 130.40 | Summons; service. |
| 130.50 | Summons; defendant`s failure to appear. |
| 130.60 | Summons; fingerprinting of defendant. |
S 130.10 Summons; definition, function, form and content. 1. A summons is a process issued by a local criminal court directing a defendant designated in an information, a prosecutor`s information, a felony complaint or a misdemeanor complaint filed with such court, or by a superior court directing a defendant designated in an indictment filed with such court, to appear before it at a designated future time in connection with such accusatory instrument. The sole function of a summons is to achieve a defendant`s court appearance in a criminal action for the purpose of arraignment upon the accusatory instrument by which such action was commenced. 2. A summons must be subscribed by the issuing judge and must state or contain (a) the name of the issuing court, and (b) the name of the defendant to whom it is addressed, and (c) the name or title of an offense charged in the underlying accusatory instrument, and (d) the date of issuance of the summons, and (e) the date and time when it is returnable, and (f) a direction that the defendant appear before the issuing court at such time. S 130.20 Summons; by what courts issuable and in what courts returnable. A summons may be issued only by the local criminal court or superior court with which the accusatory instrument underlying it has been filed, and it may be made returnable in such issuing court only. S 130.30 Summons; when issuable. A local criminal court may issue a summons in any case in which, pursuant to section 120.20, it is authorized to issue a warrant of arrest based upon an information, a prosecutor`s information, a felony complaint or a misdemeanor complaint. If such information, prosecutor`s information, felony complaint or misdemeanor complaint is not sufficient on its face as prescribed in section 100.40, and if the court is satisfied that on the basis of the available facts or evidence it would be impossible to draw and file an authorized accusatory instrument that is sufficient on its face, the court must dismiss the accusatory instrument. A superior court may issue a summons in any case in which, pursuant to section 210.10, it is authorized to issue a warrant of arrest based upon an indictment. S 130.40 Summons; service. 1. A summons may be served by a police officer, or by a complainant at least eighteen years old or by any other person at least eighteen years old designated by the court. 2. A summons may be served anywhere in the county of issuance or anywhere in an adjoining county. S 130.50 Summons; defendant`s failure to appear. If after the service of a summons the defendant does not appear in the designated local criminal court or superior court at the time such summons is returnable, the court may issue a warrant of arrest. S 130.60 Summons; fingerprinting of defendant. 1. Upon the arraignment of a defendant whose court attendance has been secured by the issuance and service of a summons, based upon an indictment, a prosecutor`s information or upon an information, felony complaint or misdemeanor complaint filed by a complainant who is a police officer, the court must, if an offense charged in the accusatory instrument is one specified in subdivision one of section 160.10, direct that the defendant be fingerprinted by the appropriate police officer or agency, and that he or she appear at an appropriate designated time and place for such purpose. 2. Upon the arraignment of a defendant whose court attendance has been secured by the issuance and service of a summons based upon an information or misdemeanor complaint filed by a complainant who is not a police officer, and who has not previously been fingerprinted, the court may, if it finds reasonable cause to believe that the defendant has committed an offense specified in subdivision one of section 160.10, direct that the defendant be fingerprinted by the appropriate police officer or agency and that he appear at an appropriate designated time and place for such purpose. A defendant whose court appearance has been secured by the issuance and service of a criminal summons based upon a misdemeanor complaint or information filed by a complainant who is not a police officer, must be directed by the court, upon conviction of the defendant, to be fingerprinted by the appropriate police officer or agency and the court must also direct that the defendant appear at an appropriate designated time and place for such purpose, if the defendant is convicted of any offense specified in subdivision one of section 160.10. Top of Page
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