CPL § 70.10

Standards of proof; definitions of terms · as in force on May 31, 2026

§ 70.10 Standards of proof; definitions of terms.

The following definitions are applicable to this chapter:

1. "Legally sufficient evidence" means competent evidence which, if accepted as true, would establish every element of an offense charged and the defendant's commission thereof; except that such evidence is not legally sufficient when corroboration required by law is absent.

2. "Reasonable cause to believe that a person has committed an offense" exists when evidence or information which appears reliable discloses facts or circumstances which are collectively of such weight and persuasiveness as to convince a person of ordinary intelligence, judgment and experience that it is reasonably likely that such offense was committed and that such person committed it. Except as otherwise provided in this chapter, such apparently reliable evidence may include or consist of hearsay.

Official sourcehttps://www.nysenate.gov/legislation/laws/CPL/70.10

In plain English

This section defines two standards of proof used throughout the Criminal Procedure Law.

(1) Legally sufficient evidence is competent evidence that, if accepted as true, would establish every element of the charged offense and the defendant's commission of it; it is not legally sufficient if corroboration required by law is missing. ★
(2) Reasonable cause to believe a person committed an offense exists when apparently reliable evidence or information discloses facts that together would convince a person of ordinary intelligence, judgment and experience that it is reasonably likely the offense was committed and that person committed it. Unless this chapter says otherwise, that evidence may include or consist of hearsay. ★

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 1 — The Court Officer in Plain English; Volume 2 — The Court Officer: Criminal Procedure Law; Volume 2 — Your Career: Criminal Procedure in Plain English.