by admin | May 14, 2021 | Criminal Procedure, New York
1. Whenever a person is charged with the commission or attempted commission of an aggravated family offense as defined in section 240.75 of the penal law, an indictment or information for such offense shall be accompanied by a special information, filed by the...
by admin | May 14, 2021 | Criminal Procedure, New York
1. Whenever a person is charged with the commission or attempted commission of an offense defined in article one hundred thirty of the penal law which constitutes a felony and it appears that the victim of such offense was less than fifteen years old, an indictment...
by admin | May 14, 2021 | Criminal Procedure, New York
1. The provisions of this section shall govern the procedures for determining whether a defendant is eligible to receive the sentence set forth in subdivision one of section 60.07 of the penal law upon conviction of a specified offense as defined in subdivision two of...
by admin | May 14, 2021 | Criminal Procedure, New York
1. When the fact that the defendant has been previously convicted of an offense raises an offense of lower grade to one of higher grade and thereby becomes an element of the latter, an indictment for such higher offense may not allege such previous conviction. If a...
by admin | May 14, 2021 | Criminal Procedure, New York
An indictment must contain:1. The name of the superior court in which it is filed; and2. The title of the action and, where the defendant is a juvenile offender, a statement in the title that the defendant is charged as a juvenile offender; and3. A separate accusation...
by admin | May 14, 2021 | Criminal Procedure, New York
1. Two or more defendants may be jointly charged in a single indictment provided that: (a) all such defendants are jointly charged with every offense alleged therein; or(b) all the offenses charged are based upon a common scheme or plan; or(c) all the offenses charged...
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