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This entry was published on 2019-10-04
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SECTION 130.10
Summons; definition, function, form and content
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE H, ARTICLE 130
§ 130.10 Summons; definition, function, form and content.

1. A summons is a process issued by a local criminal court directing a
defendant designated in an information, a prosecutor's information, a
felony complaint or a misdemeanor complaint filed with such court, or a
youth part of a superior court directing a defendant designated in a
felony complaint, or by a superior court directing a defendant
designated in an indictment filed with such court, to appear before it
at a designated future time in connection with such accusatory
instrument. The sole function of a summons is to achieve a defendant's
court appearance in a criminal action for the purpose of arraignment
upon the accusatory instrument by which such action was commenced.

2. A summons must be subscribed by the issuing judge and must state or
contain (a) the name of the issuing court, and (b) the name of the
defendant to whom it is addressed, and (c) the name or title of an
offense charged in the underlying accusatory instrument, and (d) the
date of issuance of the summons, and (e) the date and time when it is
returnable, and (f) a direction that the defendant appear before the
issuing court at such time.