Appearance ticket; filing a local criminal court accusatory instrument; dismissal of insufficient instrument
Criminal Procedure
Section: 150.50
Jurisdiction: NY
Bluebook Citation: N.Y. Crim. Proc. Law § 150.50
§ 150.50 Appearance ticket; filing a local criminal court accusatory\n instrument; dismissal of insufficient instrument.\n 1. A police officer or other public servant who has issued and served\nan appearance ticket must, at or before the time such appearance ticket\nis returnable, file or cause to be filed with the local criminal court\nin which it is returnable a local criminal court accusatory instrument\ncharging the person named in such appearance ticket with the offense\nspecified therein; provided, however, that no separate accusatory\ninstrument shall be required to be filed for an appearance ticket issued\nfor a parking infraction which conforms to the requirements set forth in\nparagraph (b) of subdivision one of section 1.20 of this chapter.\nNothing herein contained shall authorize the use of a simplified\ninformation when not authorized by law.\n 2. If such accusatory instrument is not sufficient on its face, as\nprescribed in section 100.40, and if the court is satisfied that on the\nbasis of the available facts or evidence it would be impossible to draw\nand file an accusatory instrument which is sufficient on its face, it\nmust dismiss such accusatory instrument.\n
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