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This entry was published on 2019-11-08
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SECTION 200.50
Indictment; form and content
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE I, ARTICLE 200
§ 200.50 Indictment; form and content.

An indictment must contain:

1. The name of the superior court in which it is filed; and

2. The title of the action and, where the defendant is a juvenile
offender, a statement in the title that the defendant is charged as a
juvenile offender; and

3. A separate accusation or count addressed to each offense charged,
if there be more than one; and

4. A statement in each count that the grand jury, or, where the
accusatory instrument is a superior court information, the district
attorney, accuses the defendant or defendants of a designated offense,
provided that in any prosecution under article four hundred eighty-five
of the penal law, the designated offense shall be the specified offense,
as defined in subdivision three of section 485.05 of the penal law,
followed by the phrase "as a hate crime", and provided further that in
any prosecution under section 490.25 of the penal law, the designated
offense shall be the specified offense, as defined in subdivision three
of section 490.05 of the penal law, followed by the phrase "as a crime
of terrorism"; and provided further that in any prosecution under
section 130.91 of the penal law, the designated offense shall be the
specified offense, as defined in subdivision two of section 130.91 of
the penal law, followed by the phrase "as a sexually motivated felony";
and provided further that in any prosecution under section 496.06 of the
penal law, the designated offense shall be the specified offense, as
defined in subdivision two of such section, followed by the phrase "as a
public corruption crime"; and

5. A statement in each count that the offense charged therein was
committed in a designated county; and

6. A statement in each count that the offense charged therein was
committed on, or on or about, a designated date, or during a designated
period of time; and

7. A plain and concise factual statement in each count which, without
allegations of an evidentiary nature,

(a) asserts facts supporting every element of the offense charged and
the defendant's or defendants' commission thereof with sufficient
precision to clearly apprise the defendant or defendants of the conduct
which is the subject of the accusation; and

(b) in the case of any armed felony, as defined in subdivision
forty-one of section 1.20, states that such offense is an armed felony
and specifies the particular implement the defendant or defendants
possessed, were armed with, used or displayed or, in the case of an
implement displayed, specifies what the implement appeared to be; and

(c) in the case of any hate crime, as defined in section 485.05 of the
penal law, specifies, as applicable, that the defendant or defendants
intentionally selected the person against whom the offense was committed
or intended to be committed; or intentionally committed the act or acts
constituting the offense, in whole or in substantial part because of a
belief or perception regarding the race, color, national origin,
ancestry, gender, gender identity or expression, religion, religious
practice, age, disability or sexual orientation of a person; and

(d) in the case of a crime of terrorism, as defined in section 490.25
of the penal law, specifies, as applicable, that the defendant or
defendants acted with intent to intimidate or coerce a civilian
population, influence the policy of a unit of government by intimidation
or coercion, or affect the conduct of a unit of government by murder,
assassination or kidnapping; and

(e) in the case of a sexually motivated felony, as defined in section
130.91 of the penal law, asserts facts supporting the allegation that
the offense was sexually motivated; and

8. The signature of the foreman or acting foreman of the grand jury,
except where the indictment has been ordered reduced pursuant to
subdivision one-a of section 210.20 of this chapter or the accusatory
instrument is a superior court information; and

9. The signature of the district attorney.