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This entry was published on 2019-11-15
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SECTION 150.50
Appearance ticket; filing a local criminal court accusatory instrument; dismissal of insufficient instrument
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE H, ARTICLE 150
§ 150.50 Appearance ticket; filing a local criminal court accusatory

instrument; dismissal of insufficient instrument.

1. A police officer or other public servant who has issued and served
an appearance ticket must, at or before the time such appearance ticket
is returnable, file or cause to be filed with the local criminal court
in which it is returnable a local criminal court accusatory instrument
charging the person named in such appearance ticket with the offense
specified therein; provided, however, that no separate accusatory
instrument shall be required to be filed for an appearance ticket issued
for a parking infraction which conforms to the requirements set forth in
paragraph (b) of subdivision one of section 1.20 of this chapter.
Nothing herein contained shall authorize the use of a simplified
information when not authorized by law.

2. If such accusatory instrument is not sufficient on its face, as
prescribed in section 100.40, and if the court is satisfied that on the
basis of the available facts or evidence it would be impossible to draw
and file an accusatory instrument which is sufficient on its face, it
must dismiss such accusatory instrument.