Local criminal court accusatory instruments; in what courts filed

§ 100.55 Local criminal court accusatory instruments; in what courts

filed.

1. Any local criminal court accusatory instrument may be filed with a
district court of a particular county when an offense charged therein
was allegedly committed in such county or that part thereof over which
such court has jurisdiction.

2. Any local criminal court accusatory instrument may be filed with
the New York City criminal court when an offense charged therein was
allegedly committed in New York City.

3. Any local criminal court accusatory instrument may be filed with a
city court of a particular city when an offense charged therein was
allegedly committed in such city.

4. An information, a simplified information, a prosecutor's
information or a misdemeanor complaint may be filed with a town court of
a particular town when an offense charged therein was allegedly
committed anywhere in such town other than in a village thereof having a
village court.

5. An information, a simplified information, a prosecutor's
information or a misdemeanor complaint may be filed with a village court
of a particular village when an offense charged therein was allegedly
committed in such village.

6. A felony complaint may be filed with any town court or village
court of a particular county when a felony charged therein was allegedly
committed in some town of such county. Such court need not be that of
the town or village in which such felony was allegedly committed.

7. An information, a simplified information, a misdemeanor complaint
or a felony complaint may be filed with a judge of a superior court
sitting as a local criminal court when an offense charged therein was
allegedly committed in a county in which such judge is then present and
in which he either resides or is currently holding, or has been assigned
to hold, a term of a superior court.

8. Where it is otherwise expressly provided by law that a particular
kind of accusatory instrument may under given circumstances be filed
with a local criminal court other than one authorized by this section,
nothing contained in this section precludes the filing of such
accusatory instrument accordingly.

9. In any case where each of two or more local criminal courts is
authorized as a proper court with which to file an accusatory
instrument, such an instrument may, in the absence of an express
provision of law to the contrary, be filed with any one of such courts
but not with more than one.

10. For purposes of this section, an offense is "committed in" a
particular county, city, town, village or other specified political
subdivision or area, not only when it is in fact committed therein but
also when it is, for other reasons specified in sections 20.40 and
20.50, prosecutable in the criminal courts having geographical
jurisdiction over such political subdivision or area.

11. Notwithstanding any provision of law to the contrary, a local
criminal court accusatory instrument may be filed with a local criminal
court while it is operating an off-hours arraignment part designated in
accordance with paragraph (w) of subdivision one of section two hundred
twelve of the judiciary law provided that an offense charged therein was
allegedly committed in the county in which the local criminal court is
located.