§ 130.10 Summons; definition, function, form and content.\n 1. A summons is a process issued by a local criminal court directing a\ndefendant designated in an information, a prosecutor's information, a\nfelony complaint or a misdemeanor complaint filed with such court, or a\nyouth part of a superior court directing a defendant designated in a\nfelony complaint, or by a superior court directing a defendant\ndesignated in an indictment filed with such court, to appear before it\nat a designated future time in connection with such accusatory\ninstrument. The sole function of a summons is to achieve a defendant's\ncourt appearance in a criminal action for the purpose of arraignment\nupon the accusatory instrument by which such action was commenced.\n 2. A summons must be subscribed by the issuing judge and must state or\ncontain (a) the name of the issuing court, and (b) the name of the\ndefendant to whom it is addressed, and (c) the name or title of an\noffense charged in the underlying accusatory instrument, and (d) the\ndate of issuance of the summons, and (e) the date and time when it is\nreturnable, and (f) a direction that the defendant appear before the\nissuing court at such time.\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.