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.
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.