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Criminal Procedure Law

Consolidated Laws of New York's CPL code

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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.

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Criminal Procedure Law - Table of Contents

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