Nys Cpl Definitions 1

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Accusatory instrument

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an indictment, an information, a simplified information, a prosecutors information, a superior court information, a misdemeanor complaint or a felony complaint. Acts as an accusation of behalf of the state (People V. ___)

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Local Criminal Court Accusatory Instrument

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an accusatory instrument other than an indictment or a superior court information.

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Indictment

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a written accusation by a GRAND JURY, filed with a SUPERIOR COURT, which charges one or more defendants with one or more offenses (at least one being a crime) and SERVES AS THE BASIS FOR PROSECUTION thereof.

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Superior Court Information

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a written accusation by a DISTRICT ATTORNEY, filed with a SUPERIOR COURT, charging one or more defendants with one or more offenses (at least one being a crime) and SERVES AS THE BASIS FOR PROSECUTION thereof

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Information

Back 5

a VERIFIED written accusation by a person, filed with a LOCAL CRIMINAL COURT, which charges one or more defendants with one or more offenses (NONE OF WHICH ARE A FELONY), and serves BOTH to COMMENCE A CRIMINAL ACTION, and a BASIS FOR PROSECUTION.

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Simplified information

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any simplified traffic information, simplified parks information, or simplified environmental conservation information. All of which are FILED WITH LOCAL CRIMINAL COURT, and serves BOTH to COMMENCE A CRIMINAL ACTION and as a BASIS FOR PROSECUTION

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Prosecutors information

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A written accusation by a DISTRICT ATTORNEY, filed with a LOCAL CRIMINAL COURT, charging one or more defendant's with one or more offenses (NONE OF WHICH ARE A FELONY), and serves as BASIS FOR PROSECUTION

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Misdemeanor complaint

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a VERIFIED written accusation by a person, filed with a LOCAL CRIMINAL COURT, charging one or more defendants with one or more offenses, with AT LEAST ONE BEING A MISDEMEANOR AND NO FELONIES, which serves to COMMENCE A CRIMINAL ACTION but MAY NOT serve as a basis for prosecution

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Felony complaint

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a VERIFIED written accusation by a person, filed with a LOCAL CRIMINAL COURT charging one or more defendants with one or more felonies. Serves to COMMENCE A CRIMINAL ACTION but MAY NOT SERVE AS A BASIS FOR PROSECUTION.

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arraignment

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an occasion when a defendant appears before the court in which the criminal action is pending, for the purpose of having the court decide the next actions.

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Trial

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commences with the selection of a jury and proceeds through the rendition of a verdict.

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non-jury trial

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commences with the first opening address, or first sworn witness and proceeds through the rendition of a verdict

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Verdict

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The announcement of a defendants decided guilt or innocence.

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conviction

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the enter of a plea of guilty to, or a verdict of guilty upon an accusatory instrument other than a felony complaint

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sentence

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the imposition and entry of punishment upon conviction

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Judgment

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Comprised of a conviction and the sentence imposed thereon

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Criminal action

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commences with the filing of an accusatory instrument against a defendant in a criminal court. it also includes all future filings of accusatory instruments for the same incident. terminates only with the imposition of sentence or other final court disposition.

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Criminal proceeding

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any proceeding that constitutes a part of a criminal action

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Criminal court

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All Superior Courts and Local Criminal Courts

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intermediate appellate court

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any court possessing appellate jurisdiction, other than the court of appeals.

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Judge

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any judicial officer who is a member of or constitutes a court

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Trial jurisdiction

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a criminal court has trial jurisdiction when an indictment or information can be filed with that court, receive pleas, and try or finally dispose of an accusatory instrument.

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Preliminary jurisdiction

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a court whether or not it maintains 'trial jurisdiction', which can commence criminal actions. (example, local criminal court can arraign for felonies but can not impose a final disposition therein).

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Appearance ticket

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a written notice issued by a public servant requiring a person to appear before a local criminal court

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Summons

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The equivalent of a Criminal Court appearance ticket.

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Warrant of arrest

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the process of a local criminal court directing a police officer to arrest a defendant and bring them to the court for arraingment

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Superior Court warrant

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a warrant issued by the superior court directing a police officer to arrest a defendant for the purpose of arraignment upon an indictment filed against them.

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Bench warrant

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the process of a Criminal Court directing a police officer or uniformed court officer to take into custody a person who has previously been arraignment.

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Prosecutor

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means a district attorney or any other public servant who represents the people in a criminal action

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district attorney

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DA, ADA, Special DA, Attorney General, assistant Attorney General, deputy attorney general, or special deputy attorney general

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lesser included offense

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when it is impossible to commit a particular crime without concomitantly committing, by the same conduct another offense of lesser grade or degree. an attempt to commit a crime is a lesser included offense.

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oath

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includes an affirmation and every other mode authorized by law of attesting to the truth of that which is stated

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petty offense

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a violation or traffic infraction

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"evidence in chief"

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evidence which establishes an element of crime or defendant connection to said crime.

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armed felony

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any violent felony offense (PL 70.02) that includes as an element
1) being armed with a deadly weapon capable of producing a shot (gun)
2) displays what appears to be a firearm