N.Y. CPL Law § 100.05
This is the official text of N.Y. CPL Law § 100.05, part of New York’s CPL Law — part of the compiled statutory law of New York, published by the state as "CPL Law." Browse the sections below, each linked to its official government source.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Commencement of action; in general
Official statutory text
§ 100.05 Commencement of action; in general.\n A criminal action is commenced by the filing of an accusatory\ninstrument with a criminal court, or, in the case of a juvenile offender\nor adolescent offender, other than an adolescent offender charged with\nonly a violation or traffic infraction, the youth part of the superior\ncourt, and if more than one such instrument is filed in the course of\nthe same criminal action, such action commences when the first of such\ninstruments is filed. The only way in which a criminal action can be\ncommenced in a superior court, other than a criminal action against a\njuvenile offender or adolescent offender is by the filing therewith by a\ngrand jury of an indictment against a defendant who has never been held\nby a local criminal court for the action of such grand jury with respect\nto any charge contained in such indictment. Otherwise, a criminal action\ncan be commenced only in a local criminal court, by the filing therewith\nof a local criminal court accusatory instrument, namely:\n 1. An information; or\n 2. A simplified information; or\n 3. A prosecutor's information; or\n 4. A misdemeanor complaint; or\n 5. A felony complaint.\n
Status: in_force · Read it on the official government site
Need a lawyer in New York?
Find a New York lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.