Criminal Procedure Law Article 30

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Article 30

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Timeliness of prosecutions and speedy trial

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30.10 period of limitation

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A criminal action must be commenced within the period of limitation as described here from the commission of the crime.

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Statute of limitations for Class A felonies. What do they include, what is the statute of limitations?

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Rape 1st, criminal sexual acts 1st, aggravated sexual abuse 1st, sexual conduct against a child 1st. May be commenced anytime, infinity (no limit)

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What is the statute of limitations for any other felonies (not Class A). How long?

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5 years

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What is the statute of limitations for misdemeanors? How long?

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2 years

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What is the statute of limitations for petty offenses? How long?

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1 year

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What is the statute of limitations for fiduciary larceny? How long?

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1 year from when the facts are discovered or should have been discovered with due diligence.

*** TIP*** i = 1. F I D U C I A R Y

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What is the statute of limitations for public office misconduct? How long?

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Anytime in office, up to 5 years after leaving office. No more than 5 years beyond the normal 30.10 time frame.

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What is the statute of limitations for environmental conservation? How long?

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4 years

**Tip** "tree" has 4 letters therefore 4 years.

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What is the statute of limitations for tax law? How long?

Back 10

3 years

**Tip** "tax" has 3 letters therefore 3 years.

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What is the statute of limitations for sexual misconduct against a child? How long?

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Within 5 years of most recent act

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What is the statute of limitations for sex offenses against children less than 18? How long?

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Time begins to run upon the reporting of the offense or when the child reaches 18 whichever is earlier

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What is the statute of limitations for terrorism? How long?

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8 years or if there was imminent risk of death (no limitations)

Statute is tolled (stopped) while the defendant is continuously outside the state or whereabouts conditionally continuously unknown or unascertainable with reasonable diligence.

**However no more than 5 years can be added to the regular statue of limitations time

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CPL 30.20 - Speedy trial

When is a defendant entitled to a speedy trial?

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Once an action is commenced

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Do criminal cases have preference over civil cases? Do criminal cases where the defendant is incarcerated have preference over cares where the defendant is at liberty?

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Yes and yes.

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CPL 30.30 -Time limitations

Motion to dismiss must be granted when people are not ready for trial in how long?

Felony

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6 months

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CPL 30.30 -Time limitations

Motion to dismiss must be granted when people are not ready for trial in how long?

Class A misdemeanor

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90 days

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CPL 30.30 -Time limitations

Motion to dismiss must be granted when people are not ready for trial in how long?

Class B misdemeanor

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60 days

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CPL 30.30 -Time limitations

Motion to dismiss must be granted when people are not ready for trial in how long?

Violation

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30 days

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CPL 30.30 -Time limitations

Defendant must be released when the people are not ready for trial in how long?

Felony

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90 days

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CPL 30.30 -Time limitations

Defendant must be released when the people are not ready for trial in how long?

Class A misdemeanor

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30 days

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CPL 30.30 -Time limitations

Defendant must be released when the people are not ready for trial in how long?

Class B misdemeanor

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15 days

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CPL 30.30 -Time limitations

Defendant must be released when the people are not ready for trial in how long?

Violation

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5 days

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Subdivisions in 30.30 do not apply to what?

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Murder

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CPL Article 100 - commencement in a local criminal court

100.05 - commence of action

All actions in the local criminal court commence how?

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The filing of an accusatory instrument . If more than one is filed in the course of the same criminal action then the action commences when the first such instrument is filed.

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How many accusatory instruments are there? What are they?

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5 -

simplified information

Information

Prosecutors information

Misdemeanor complaint

Felony complaint

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100.07 - effect of family court proceeding

Can the same domestic violence offense result in simultaneous proceedings in two courts?

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Yes absolutely

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100.10 - accusatory instrument definitions.

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5 accusatory instruments,

Information, simplified information, prosecutors information, misdemeanor complaint, felony complaint.

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100.15 -an information, misdemeanor complaint or felony complaint must contain what?

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.The name of the court

.The title of the action

.Subscribed and verified by complaint based on personal knowledge or information and belief of the commission of the offense.

. Each instrument must contain an accusatory part and a factual part.

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What does the accusatory part designate?

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The offenses charged.

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What does the factual part contain?

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A statement of the complaint sledding facts of an evidentiary character supporting or tending to support the charges.

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CPL 100.20 - supporting deposition

Define supporting deposition

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A written instrumental accompanying or filed in connection with an accusatory instrument.

Must be Subscribed and verified by a person other than the complainant, contains factual allegations based on knowledge or information and belief which tend to support and supplement the charges

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CPL 100.25 - defendants right to a supporting deposition in simplified information

A defendant charged by a simplified information has a right to a supporting deposition of the complaint made by the police officer or public servant of the request is timely made.

Define timely..

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To be timely it must be made before a plea of guilty or commencement of a trial, but not later than 30 days after the dates the defendant was directed to appear in court.

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CPL 100.30 - verifying informations, complaints, supporting depositions and proof of services and done by swearing to them...

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1 before the court with which it is filed

2 before a desk officer in charge at a police station or Police Headquarters or any of his Superior officers

3 before a public servant when filed by public servant

4 before a notary republic

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100.35 - prosecutors information

What must a prosecutors information contain

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A prosecutors information must contain the name of the local Criminal Court in which it is filed and the title of the action. It must be Subscribed by the D.A. by whom it is filed

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100.45 - severance, consolidation, amendment

What does this apply to?

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Informations, prosecutors informations and to misdemeanor complaints.

At any time before the entry of a plea of guilty or commencement of a trial of an information the court may on application of the people, with notice to the defendant and opportunity to be heard, order the amendments of the accusatory part by adding a count charging an offense supported by the factual part. The defendant may then be entitled to a reasonable adjournment.

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100.50 - superseding informations and prosecutors informations

When can another information be filed which will superceded the original instrument?

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At any time before entry of a plea of guilty to or commencement of a trial of an information or prosecutors information. Upon arraignment of the new instrument the old instrument must be dismissed.

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100.55 - accusatory instruments; where filed

Where are they filed?

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Where the crime allegedly occurred.