§ 255.10 Definitions.

Terms Used In N.Y. Criminal Procedure Law 255.10

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

1. "Pre-trial motion" as used in this article means any motion by a defendant which seeks an order of the court:

(a) dismissing or reducing an indictment pursuant to article 210 or removing an action to the family court pursuant to article 722; or

(b) dismissing an information, prosecutor's information, simplified information or misdemeanor complaint pursuant to article 170; or

(c) granting discovery pursuant to article 245; or

(d) granting a bill of particulars pursuant to sections 100.45 or 200.90; or

(e) removing the action pursuant to sections 170.15, 230.20 or 230.30; or

(f) suppressing the use at trial of any evidence pursuant to article 710; or

(g) granting separate trials pursuant to article 100 or 200.

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