§ 10.20 Superior courts; jurisdiction.

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Terms Used In N.Y. Criminal Procedure Law 10.20

  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

1. Superior courts have trial jurisdiction of all offenses. They have:

(a) Exclusive trial jurisdiction of felonies; and

(b) Trial jurisdiction of misdemeanors concurrent with that of the local criminal courts; and

(c) Trial jurisdiction of petty offenses, but only when such an offense is charged in an indictment which also charges a crime.

2. Superior courts have preliminary jurisdiction of all offenses, but they exercise such jurisdiction only by reason of and through the agency of their grand juries.

3. Superior court judges may, in their discretion, sit as local criminal courts for the following purposes:

(a) conducting arraignments, as provided in subdivision two of section 170.15 and subdivision two of section 180.20 of this chapter;

(b) issuing warrants of arrests, as provided in subdivision one of section 120.70 of this chapter; and

(c) issuing search warrants, as provided in article six hundred ninety of this chapter.