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This entry was published on 2019-10-04
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SECTION 100.05
Commencement of action; in general
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE H, ARTICLE 100
§ 100.05 Commencement of action; in general.

A criminal action is commenced by the filing of an accusatory
instrument with a criminal court, or, in the case of a juvenile offender
or adolescent offender, other than an adolescent offender charged with
only a violation or traffic infraction, the youth part of the superior
court, and if more than one such instrument is filed in the course of
the same criminal action, such action commences when the first of such
instruments is filed. The only way in which a criminal action can be
commenced in a superior court, other than a criminal action against a
juvenile offender or adolescent offender is by the filing therewith by a
grand jury of an indictment against a defendant who has never been held
by a local criminal court for the action of such grand jury with respect
to any charge contained in such indictment. Otherwise, a criminal action
can be commenced only in a local criminal court, by the filing therewith
of a local criminal court accusatory instrument, namely:

1. An information; or

2. A simplified information; or

3. A prosecutor's information; or

4. A misdemeanor complaint; or

5. A felony complaint.