Youth part of the superior court accusatory instruments; in what courts filed
§ 100.60 Youth part of the superior court accusatory instruments; in
what courts filed.
Any youth part of the superior court accusatory instrument may be filed with the youth part of the superior court of a particular county when an offense charged therein was allegedly committed in such county or that part thereof over which such court has jurisdiction.
A youth-part accusatory instrument is filed with the youth part of the superior court of the county where the offense was allegedly committed (or that part's jurisdiction).
★ Exam hits:
Five local-court instruments: information, simplified information, prosecutor's information, misdemeanor complaint, felony complaint. An action commences on filing the first one.
Information = only paper that both commences AND fully prosecutes a non-felony case; needs the strict § 100.40(1) test: reasonable cause + non-hearsay establishing every element (prima facie).
Misdemeanor/felony complaints need only reasonable cause on their face. A misdemeanor complaint can prosecute only if the defendant waives prosecution by information (§ 170.65); a felony complaint can never be a basis for prosecution.
Simplified information: defendant may demand a supporting deposition within 30 days of the appearance date (misdemeanor late-request cutoff 90 days); appearance ticket must carry the YES/NO notice.
Verification — five ways, including the § 210.45 class-A-misdemeanor form notice and a notary.
Supporting deposition is verified by someone other than the complainant.
A felony complaint may be filed with any town/village court in the county; when multiple courts are proper, file with one only.
Verbatim statute: CPL - Article 100
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.