NYLE: Criminal Law and Procedure
1. I. Criminal Court Subject Matter Jurisdiction
A. Supreme Court: NY Const art VI, § 7; CPL 10.20, 10.30; People v Correa, 15
NY3d 213 (2010).: The Supreme Court, as a court of general jurisdiction, can exercise
jurisdiction over all criminal proceedings. In practice, the only criminal jurisdiction it
exercises is over felonies in New York City.
2. I. Criminal Court Subject Matter Jurisdiction
B. County Court: NY Const art VI, § 11: County Courts exist only in the Second Judicial
Department outside New York City and Long Island and in the Third and Fourth Judicial
Departments. County Courts have jurisdiction over all criminal matters, but hear primarily
felonies.
3. I. Criminal Court Subject Matter Jurisdiction
C. New York City Civil Court; New York City Criminal Court: NY Const art VI, §
15: The New York City Criminal Court has criminal jurisdiction within the City of New York
over misdemeanors and violations.
4. I. Criminal Court Subject Matter Jurisdiction
D. District, city, town and village courts: NY Const art VI, §§ 16, 17; Uniform
Court Acts § 202: District Courts (established only in Nassau and Suffolk Counties located
in the Second Judicial Department), and city, town and village courts, have criminal
jurisdiction over misdemeanors and violations.
5. B. Classifications of offenses: Penal Law§ 10.00: An "offense" is any conduct for which a
sentence to a term of imprisonment or to a fine is
provided by any law or by any law or ordinance of the state or a
political subdivision or by any order, rule or regulation of any
governmental instrumentality authorized by law to adopt it. A "felony"
is an offense for which a sentence to a term of imprisonment in excess
of one year may be imposed.
, NYLE: Criminal Law and Procedure
A "misdemeanor" is an offense, other than a traffic violation, for which
a sentence to a term of imprisonment in excess of 15 days, but not in
excess of one year, may be imposed.
A "crime" is a misdemeanor or a felony. Although many crimes are defined by the Penal
Law, violations of a myriad of other statutes may constitute crimes ( e.g.,
Vehicle and Traffic Law art. 31 [alcohol and drug-related offenses], General
Business Law [fraudulent investment practices], Election Law [illegal
voting and campaign practices], and Agricultural and Markets Law art. 26 [
animal cruelty].
A ''violation" is an offense, other than a traffic infraction, for which a
sentence to a term of imprisonment in excess of 15 days cannot be
imposed.
A ''traffic violation" is a violation of any provision of the Vehicle and Traffic Law or of
any other law, ordinance, order, rule or regulation regulating traffic which is not expressly
declared to be a misdemeanor or a felony (Vehicle and Traffic Law § 155).
6. C. Trials: CPL 270,310,360: Unless waived by the defendant (CPL 320.10), trial of a
felony or misdemeanor charge is
by jury, except that in the New York City Criminal Court, the trial of a
misdemeanor for which the authorized term of imprisonment is not more
than six months must be by a single judge without a jury (CPL 260.10,
340.40 [2]).
The trial of a noncriminal offense must be by a single judge without a jury (CPL 340.40 [l]).
The jury for a trial of a felony consists of 12 persons (CPL 270.05 [l ]), and
up to 6 alternate jurors may also be selected (CPL 270.30). The jury for a
trial of a misdemeanor consists of 6
persons (CPL 360.10 [l ]), and 1 or 2 alternate jurors may be selected (CPL 360.35). A jury
verdict must be unanimous (CPL 310.40, 310.80).
, NYLE: Criminal Law and Procedure
7. D. Appeals: CPL 450.60: Appeals in criminal cases may be taken from most judgments,
sentences and orders (CPL
art 450). Unless the defendant waived the right to appeal as part of the plea
bargain, a defendant who has been convicted and sentenced pursuant to a
plea bargain may thereafter appeal pretrial orders denying motions for the
suppression of confessions illegally obtained evidence or identification
testimony, but a defendant may not appeal from a sentence which did not
exceed that which was agreed to by the defendant as a condition of the plea
(CPL 450.10 [l], [2]). An appeal from a judgment, sentence or order of the
supreme court or of a county court must be taken to the appellate division of
the department in which it was entered (CPL 450.60 [l], [2]).
Appellate Terms of the Supreme Court in the First and Second
Departments hear appeals from cases originating in the local criminal
courts in their departments (CPL 450.60 [3], [ 4]; 450.60; 22 NYCRR
640.1, 730.1).
An appeal from a judgment, sentence or order of a local criminal court located in the Third
or Fourth Department must be taken to the county court of the county in which such
judgment, sentence or order was entered (CPL 450.60 [3]).
An appeal to the Court of Appeals is generally available only by permission, and the
appellant must obtain a certificate granting leave to appeal and certifying
that there is a question of law which ought to be reviewed by the Court
(CPL 450.90, 460.10 [5] [al). Without the required certificate, the Court
lacks jurisdiction, and any appeal taken will be dismissed (People v Thomas,
44 NY2d 759 [1978]). Either a judge of the Court of Appeals or a justice of
the Appellate Division
may grant a certificate permitting an appeal to the Court of Appeals from an order of the
Appellate Division, but only a judge of the Court of Appeals may grant leave to appeal
from an order of an intermediate appellate court other than the Appellate Division (CPL
460.20 [2]). Denial of the application for permission to appeal by the judge or justice first
1. I. Criminal Court Subject Matter Jurisdiction
A. Supreme Court: NY Const art VI, § 7; CPL 10.20, 10.30; People v Correa, 15
NY3d 213 (2010).: The Supreme Court, as a court of general jurisdiction, can exercise
jurisdiction over all criminal proceedings. In practice, the only criminal jurisdiction it
exercises is over felonies in New York City.
2. I. Criminal Court Subject Matter Jurisdiction
B. County Court: NY Const art VI, § 11: County Courts exist only in the Second Judicial
Department outside New York City and Long Island and in the Third and Fourth Judicial
Departments. County Courts have jurisdiction over all criminal matters, but hear primarily
felonies.
3. I. Criminal Court Subject Matter Jurisdiction
C. New York City Civil Court; New York City Criminal Court: NY Const art VI, §
15: The New York City Criminal Court has criminal jurisdiction within the City of New York
over misdemeanors and violations.
4. I. Criminal Court Subject Matter Jurisdiction
D. District, city, town and village courts: NY Const art VI, §§ 16, 17; Uniform
Court Acts § 202: District Courts (established only in Nassau and Suffolk Counties located
in the Second Judicial Department), and city, town and village courts, have criminal
jurisdiction over misdemeanors and violations.
5. B. Classifications of offenses: Penal Law§ 10.00: An "offense" is any conduct for which a
sentence to a term of imprisonment or to a fine is
provided by any law or by any law or ordinance of the state or a
political subdivision or by any order, rule or regulation of any
governmental instrumentality authorized by law to adopt it. A "felony"
is an offense for which a sentence to a term of imprisonment in excess
of one year may be imposed.
, NYLE: Criminal Law and Procedure
A "misdemeanor" is an offense, other than a traffic violation, for which
a sentence to a term of imprisonment in excess of 15 days, but not in
excess of one year, may be imposed.
A "crime" is a misdemeanor or a felony. Although many crimes are defined by the Penal
Law, violations of a myriad of other statutes may constitute crimes ( e.g.,
Vehicle and Traffic Law art. 31 [alcohol and drug-related offenses], General
Business Law [fraudulent investment practices], Election Law [illegal
voting and campaign practices], and Agricultural and Markets Law art. 26 [
animal cruelty].
A ''violation" is an offense, other than a traffic infraction, for which a
sentence to a term of imprisonment in excess of 15 days cannot be
imposed.
A ''traffic violation" is a violation of any provision of the Vehicle and Traffic Law or of
any other law, ordinance, order, rule or regulation regulating traffic which is not expressly
declared to be a misdemeanor or a felony (Vehicle and Traffic Law § 155).
6. C. Trials: CPL 270,310,360: Unless waived by the defendant (CPL 320.10), trial of a
felony or misdemeanor charge is
by jury, except that in the New York City Criminal Court, the trial of a
misdemeanor for which the authorized term of imprisonment is not more
than six months must be by a single judge without a jury (CPL 260.10,
340.40 [2]).
The trial of a noncriminal offense must be by a single judge without a jury (CPL 340.40 [l]).
The jury for a trial of a felony consists of 12 persons (CPL 270.05 [l ]), and
up to 6 alternate jurors may also be selected (CPL 270.30). The jury for a
trial of a misdemeanor consists of 6
persons (CPL 360.10 [l ]), and 1 or 2 alternate jurors may be selected (CPL 360.35). A jury
verdict must be unanimous (CPL 310.40, 310.80).
, NYLE: Criminal Law and Procedure
7. D. Appeals: CPL 450.60: Appeals in criminal cases may be taken from most judgments,
sentences and orders (CPL
art 450). Unless the defendant waived the right to appeal as part of the plea
bargain, a defendant who has been convicted and sentenced pursuant to a
plea bargain may thereafter appeal pretrial orders denying motions for the
suppression of confessions illegally obtained evidence or identification
testimony, but a defendant may not appeal from a sentence which did not
exceed that which was agreed to by the defendant as a condition of the plea
(CPL 450.10 [l], [2]). An appeal from a judgment, sentence or order of the
supreme court or of a county court must be taken to the appellate division of
the department in which it was entered (CPL 450.60 [l], [2]).
Appellate Terms of the Supreme Court in the First and Second
Departments hear appeals from cases originating in the local criminal
courts in their departments (CPL 450.60 [3], [ 4]; 450.60; 22 NYCRR
640.1, 730.1).
An appeal from a judgment, sentence or order of a local criminal court located in the Third
or Fourth Department must be taken to the county court of the county in which such
judgment, sentence or order was entered (CPL 450.60 [3]).
An appeal to the Court of Appeals is generally available only by permission, and the
appellant must obtain a certificate granting leave to appeal and certifying
that there is a question of law which ought to be reviewed by the Court
(CPL 450.90, 460.10 [5] [al). Without the required certificate, the Court
lacks jurisdiction, and any appeal taken will be dismissed (People v Thomas,
44 NY2d 759 [1978]). Either a judge of the Court of Appeals or a justice of
the Appellate Division
may grant a certificate permitting an appeal to the Court of Appeals from an order of the
Appellate Division, but only a judge of the Court of Appeals may grant leave to appeal
from an order of an intermediate appellate court other than the Appellate Division (CPL
460.20 [2]). Denial of the application for permission to appeal by the judge or justice first
