by admin | May 14, 2021 | Criminal Procedure, New York
After an indictment has been filed with a superior court, the defendant must be arraigned thereon. He must appear personally at such arraignment, and his appearance may be secured as follows: 1. If the defendant was previously held by a local criminal court for the...
by admin | May 14, 2021 | Criminal Procedure, New York
The only methods of prosecuting an offense in a superior court are by an indictment filed therewith by a grand jury or by a superior court information filed therewith by a district attorney.N.Y. Crim. Proc. Law ยง 210.05
by admin | May 14, 2021 | Criminal Procedure, New York
1. Definitions. (a) “Bill of particulars” is a written statement by the prosecutor specifying, as required by this section, items of factual information which are not recited in the indictment and which pertain to the offense charged and including the...
by admin | May 14, 2021 | Criminal Procedure, New York
If at any time before entry of a plea of guilty to an indictment or commencement of a trial thereof another indictment is filed in the same court charging the defendant with an offense charged in the first indictment, the first indictment is, with respect to such...
by admin | May 14, 2021 | Criminal Procedure, New York
1. At any time before or during trial, the court may, upon application of the people and with notice to the defendant and opportunity to be heard, order the amendment of an indictment with respect to defects, errors or variances from the proof relating to matters of...
by admin | May 14, 2021 | Criminal Procedure, New York
When filing an indictment which charges enterprise corruption in violation of article four hundred sixty of the penal law, criminal possession of a chemical weapon or biological weapon in violation of section 490.37490.40 or 490.45 of the penal law, or criminal use of...
Recent Comments