CPL § 200.65

Indictment; special information for enterprise corruption and criminal possession or use of a biological weapon or chemical weapon

§ 200.65 Indictment; special information for enterprise corruption and

criminal possession or use of a biological weapon or chemical

weapon.

When filing an indictment which charges enterprise corruption in violation of article four hundred sixty of the penal law, criminal possession of a chemical weapon or biological weapon in violation of section 490.37, 490.40, or 490.45 of the penal law, or criminal use of a chemical weapon or biological weapon in violation of section 490.47, 490.50, or 490.55 of the penal law, the district attorney must submit a statement to the court attesting that he or she has reviewed the substance of the evidence presented to the grand jury and concurs in the judgment that the charge is consistent with legislative findings in article four hundred sixty or four hundred ninety of the penal law, as applicable. For purposes of this section only, "district attorney" means the district attorney of the county, the attorney general, or the deputy attorney general in charge of the organized crime task force, or where such person is actually absent or disabled, the person authorized to act in his or her stead.

Official sourcehttps://www.nysenate.gov/legislation/laws/CPL/200.65

In plain English

When filing an indictment charging enterprise corruption (Penal Law art. 460) or criminal possession/use of a chemical or biological weapon (§§ 490.37–490.55), the DA must submit a statement attesting he reviewed the grand jury evidence and concurs that the charge fits the article's legislative findings. "District attorney" here includes the AG or the deputy AG heading the organized crime task force (or a substitute). ★

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.