Informations are sworn statements charging offenses of less than felony grade. The Information or supporting depositions annexed to it supply allegations to each element of the crime on personal knowledge, (for example an information charging unauthorized use of an automobile, will have statement sworn to by a policeman indicating the defendant operated a motor vehicle. Attached will be a supporting deposition of the vehicle's owner indicating that no person had permission to so use the vehicle).

Misdemeanor Complaint is simply an allegation made on hearsay (Example - the information alluded to above would be a misdemeanor complaint if the deposition of the vehicle's owner was not attached). A person may only be held five days on such a misdemeanor complaint, and unless he waives, he cannot be forced to trial on such an instrument.

Simplified Information is a very short Information charging a misdemeanor offense or less, for example: a traffic ticket.

Prosecutor's Information is a written accusation filed by the District Attorney, either at the discretion of a Grand Jury, the direction of a local criminal court, or at the District Attorney's own instance.

Felony Complaint is a complaint charging a felony. It commences the proceeding, but no person may be tried for a felony except by the indictment of a Grand Jury or Superior Court Information (if the defendant waives indictment).

Misdemeanor cases are conferenced with a view toward disposition. The plea bargaining process commences. If no disposition is reached, the case is adjourned, motions are made and further plea bargaining takes place.

Usually after one or more adjournments, a case is assigned to a trial part. Depending on the nature of the case, there may be pre-trial hearings on Constitutional issues (confessions, searches, identification and wiretap.)

In general, persons charged with a misdemeanor are entitled to trial by a six-member jury.

In Felony cases that are still at the lower Court level, (City, Town, etc.) a defendant is entitled to a preliminary hearing within 120 hours of the time when the defendant was placed in confinement (arrested), or 144 hours if a Saturday, Sunday or legal holiday occurs during the confinement.

A preliminary hearing is a hearing before a lower Court judge to determine whether or not there is reasonable cause to believe that the defendant committed a felony and therefore should be held for the action of the grand jury. It is at this time that the defense may elect to waive the preliminary hearing and send the case up to County Court.

Note: It is important to understand that if the defendant goes ahead with a preliminary hearing and prevails, i.e. the complaint is dismissed, the Grand Jury may still hear evidence and indict the defendant on those same charges.

The Grand Jury may hear evidence against persons held for its action by the Court. In addition, a felony prosecution may first begin by the presentation of a case to the Grand Jury.

The Grand Jury consists of up to 23 persons selected from the usual jury rolls; 16 members constitute a quorum and 12 are necessary to vote an indictment.

A case is presented to the Grand Jury by an Assistant District Attorney. In each case the Grand Jury, in absolute privacy, votes on the charges presented.

The District Attorney is charged with the duty of being the legal advisor to the Grand Jury. The jury is charged as to the elements of the crimes before it, as well as any other relevant legal question involved in the case. In addition, the Grand Jury may direct the district attorney to issue and serve a subpoena to call witnesses. All proceedings of a Grand Jury, with the exception of the deliberations on the vote, are recorded by Certified Confidential Reporters.

The defendant may also have witnesses called to testify on his or behalf. The defendant also has a right to testify before the Grand Jury. However, it is important to note that whatever the defendant says while testifying in front of the Grand Jury can be used against him or her at trial.

The action of a Grand Jury, whether the dismissal of a charge or an indictment, is "handed up" by the jury's foreman to a Judge of the County Court.

After an indictment has been voted and handed up, a defendant must be arraigned even if he was arraigned on the same charge in lower Court. The arraignment is for the same purposes as a lower Court arraignment, that is to read the charges in the indictment and set bail. At arraignment, the case is assigned to a County Court Judge and a conference date is set.

Conferences in County Court are plea bargaining sessions conducted usually in the initial phase by the Judge the Assistant District Attorney and defense counsel.

If no disposition is possible, the case is set for trial. Pre-trial hearings are then scheduled and held. The order of the trial is the same as in lower Court. In felony trials, there are 12 member juries, the preemptory challenges are by degree of crime (A-felony 20, B & C felonies 15, all else 10).

Appellate rights are similar to those explained above except that appeals in felony cases go to the Appellate Division, 3rd Department, rather than the Appellate Term.

If you have any further questions relating to Felonies or Misdemeanors please contact our office.