CPL § 10.10

The criminal courts; enumeration and definitions

§ 10.10 The criminal courts; enumeration and definitions.

1. The "criminal courts" of this state are comprised of the superior courts and the local criminal courts.

2. "Superior court" means:

(a) The supreme court; or

(b) A county court.

3. "Local criminal court" means:

(a) A district court; or

(b) The New York City criminal court; or

(c) A city court; or

(d) A town court; or

(e) A village court; or

(f) A supreme court justice sitting as a local criminal court; or

(g) A county judge sitting as a local criminal court.

4. "City court" means any court for a city, other than New York City, having trial jurisdiction of offenses of less than felony grade only committed within such city, whether such court is entitled a city court, a municipal court, a police court, a recorder's court or is known by any other name or title.

5. "Town court." A "town court" is comprised of all the town justices of a town.

6. "Village court." A "village court" is comprised of the justice of a village, or all the justices thereof if there be more than one, or, at a time when he or they are absent, an associate justice of a village who is authorized to perform the functions of a village justice during his absence.

7. Notwithstanding any other provision of this section, a court specified herein which possesses civil as well as criminal jurisdiction does not act as a criminal court when acting solely in the exercise of its civil jurisdiction, and an order or determination made by such a court in its civil capacity is not an order or determination of a criminal court even though it may terminate or otherwise control or affect a criminal action or proceeding.

Official sourcehttps://www.nysenate.gov/legislation/laws/CPL/10.10

In plain English

1. The "criminal courts" are the superior courts and the local criminal courts.

2. "Superior court" = (a) the Supreme Court or (b) a County Court. ★

3. "Local criminal court" = (a) district court; (b) NYC Criminal Court; (c) city court; (d) town court; (e) village court; (f) a Supreme Court justice sitting as a local criminal court; (g) a county judge sitting as a local criminal court. ★

4. "City court" = any court for a city other than NYC with trial jurisdiction of less-than-felony offenses committed in the city — whatever it's called (municipal, police, recorder's court, etc.).

5. "Town court" = all the town justices of a town.

6. "Village court" = the village justice(s), or an authorized associate justice when they're absent.

7. Civil-capacity carve-out: a court that also has civil jurisdiction is not acting as a criminal court when acting solely in its civil role — and a civil order isn't a criminal-court order even if it affects a criminal case. ★

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 3 — The JG-22 Criminal Procedure Law and in Volume 1 — The JG-22 in Plain English.