Pending criminal case definition
Pending criminal case means a criminal case in which there is either no disposition of the charge(s) via a determination of guilt or dismissal or the defendant has not yet been discharged from the sentence imposed, including probation.
Pending criminal case means a case in any of the criminal courts of the state of New York, as defined in section 10.10 of the criminal procedure law, or any other court of competent jurisdiction in the United States, excluding the family court of the state of New York or a comparable court in another jurisdiction in the United States, where judgment has not been entered and where, through the filing of a criminal complaint or similar procedural instrument, a felony charge, or a misdemeanor charge under any of the following, is lodged: (i) section 265.01of the penal law, provided, however, that such charge must relate to possession of a firearm; (ii) section 215.50 of the penal law, unless the defendant is released upon failure to replace the misdemeanor complaint with an information pursuant to section 170.70 of the criminal procedure law; (iii) section 120.00 of the penal law, unless the defendant is released upon failure to replace the misdemeanor complaint with an information pursuant to section 170.70 of the criminal procedure law; (iv) article 130 of the penal law; or (v) article 31 of the vehicle and traffic law. Notwithstanding the foregoing, any individual who is a defendant in more than one case in which criminal charges are lodged with a criminal court through the filing of a criminal complaint or similar procedural instrument and where judgment has not been entered shall be considered a defendant in a pending criminal case provided such individual is charged in any such case with a crime other than a violation of section 230.00 or 240.37 of the penal law or of section 511(1), 511 (2)(a)(i), or 511(2)(a)(iv) of the vehicle and traffic law. Any individual whose case is disposed of with an adjournment in contemplation of dismissal pursuant to section 170.55 or 170.56 of the criminal procedure law or a comparable provision of federal law or the law of another state shall not be deemed to be a defendant in a pending criminal case or a defendant in a case in which criminal charges have been lodged with a criminal court through the filing of a criminal complaint or similar procedural instrument and judgment has not been entered. A case in which the highest charge is a violation or a non-criminal infraction, including a case in which an individual has been sentenced to conditional discharge for committing a violation or a non-criminal infraction pursuant to section 410.10 of the criminal procedure law or a comparable provision of federal law or the law of another state, shal...
Pending criminal case means a case in the criminal or Supreme Courts of New York, or the Federal Courts for any district of New York, or any court of competent jurisdiction in the United States, excluding a family court, where judgment has not been entered and where a misdemeanor or felony charge is pending. Any individual whose case is disposed of with (i) an adjournment in contemplation of dismissal pursuant to section 170.55 or 170.56 of the Criminal Procedure Law or; (ii) a conditional discharge pursuant to section 410.10 of the Criminal Procedure Law shall not be deemed a defendant in a pending criminal case.
More Definitions of Pending criminal case
Pending criminal case means a case in any of the criminal courts of the state of New York, as defined in section 10.10 of the criminal procedure law, or any other court of competent jurisdiction in the United States, excluding the family court of the state of New York or a comparable court in another jurisdiction in the United States, where judgment has not been entered and where a misdemeanor or felony charge is pending. Any individual whose case is disposed of with an adjournment in contemplation of dismissal pursuant to section 170.55 or
Pending criminal case means a case in any of the criminal courts of the state of New York, as defined in section 10.10 of the criminal procedure law, or any other court of competent jurisdiction in the United States, excluding the family court of the state of New York or a comparable court in another jurisdiction in the United States, where judgment has not been entered and where a misdemeanor or felony charge is pending. Any individual whose case is disposed of with an adjournment in contemplation of dismissal pursuant to section 170.55 or 170.56 of the criminal procedure law or a comparable provision of federal law or the law of another state shall not be deemed to be a defendant in a pending criminal case. A case in which the highest charge is a violation or a non-criminal infraction, including a case in which an individual has been sentenced to conditional discharge for committing a violation or a non-criminal infraction pursuant to section 410.10 of the criminal procedure law or a comparable provision of federal law or the law of another state, shall not be deemed to be a pending criminal case.