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.
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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...
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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.
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Examples of Pending criminal case in a sentence

  • As an applicant for, or current participant of, rental assistance under the Section 8 program, I understand that a criminal, credit and sex offender check will be conducted for conviction and Pending criminal case information.

  • Pending criminal case files under the control of the court clerk shall be marked with a pending notation until a final disposition order is entered.


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
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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.
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Related to Pending criminal case

  • criminal conduct means conduct which—

  • Criminal gang as used in this policy, means a group with at least three (3) members that specifically:

  • Administration of criminal justice means performance of any activity directly involving the

  • Material safety data sheet or "MSDS" means the chemical, physical, technical, and safety information document supplied by the manufacturer of the coating, solvent, or other chemical product, usually through the distribution network or retailers.

  • Criminal history means the list of a defendant's prior

  • criminal laws means all criminal laws designated as such under domestic law irrespective of whether contained in the tax laws, the criminal code or other statutes.

  • criminal proceedings means criminal proceedings in relation to which the strict rules of evidence apply;

  • Imminent safety hazard means an imminent and unreasonable risk of death or severe personal injury.

  • criminal tax matters means tax matters involving intentional conduct whether before or after the entry into force of this Agreement which is liable to prosecution under the criminal laws of the requesting Party;

  • Imminent danger to the health and safety of the public means the existence of any condition or practice, or any violation of a permit or other requirement of this chapter in a surface coal mining and reclamation operation, which condition, practice, or violation could reasonably be expected to cause substantial physical harm to persons outside the permit area before such condition, practice, or violation can be abated. A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to the same conditions or practices giving rise to the peril, would not expose the person's self to the danger during the time necessary for abatement.

  • Attack directed against any civilian population means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack;

  • Criminal proceeding means a proceeding instituted by means of the swearing of an information, the laying of a charge or the return of an indictment, before a Court of competent jurisdiction in Canada with jurisdiction to hear and determine the charges referred to therein, alleging or charging that the "Insured" has contravened the provisions of any Provincial or Federal statute, including the Criminal Code, R.S.C. 1985 ch. C-46 as amended, which creates an offence or crime and which provides for conviction thereunder, whether by way of summary conviction or indictment, and as a result of which the "Insured" is liable to be convicted, fined or sentenced to some form of imprisonment or other punishment.

  • Policy Grievance is defined as a difference between the parties relating to the interpretation, application or administration of this Agreement. A policy grievance may be submitted by either party at Step 2 of the grievance procedure. A policy grievance shall be signed by a CLAC Representative and submitted to the Employer. A policy grievance submitted by the Employer shall be signed by the Employer or his representative.

  • Criminal street gang means any ongoing organization,

  • Criminal investigatory record means a record which is not

  • Statement of Grievance shall name the grievant(s) involved, the facts giving rise to the grievance, provision(s) of the Agreement alleged to be violated and the remedy (specific relief) requested.

  • Threatened species means any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range.

  • Group Grievance is defined as a single grievance, signed by a Xxxxxxx or a Union Representative on behalf of a group of employee who have the same complaint. Such grievances must be dealt with at successive stages of the Grievance Procedure commencing with Step 1. The grievors shall be listed on the grievance form.

  • Criminal justice information system means a system including the equipment, facilities, procedures,

  • Environmental Proceedings means any judicial or administrative proceedings arising from or in any way associated with any Environmental Requirement.

  • Indigenous Peoples means social groups with a distinct social and cultural identity that makes them vulnerable to being disadvantaged in the development process, including the presence in varying degrees of the following characteristics: (i) a close attachment to ancestral territories and to the natural resources in these areas; (ii) self-identification and identification by others as members of a distinct cultural group; (iii) an indigenous language, often different from Pilipino, the Recipient’s national language; (iv) presence of customary social and political institutions; and (v) primarily subsistence-oriented production.

  • Environmental and Social Management Plan or “ESMP” means a site-specific environmental and social management plan to be prepared in accordance with the parameters laid down in the ESMF and acceptable to the Association, setting forth a set of mitigation, monitoring, and institutional measures to be taken during the implementation and operation of the Project activities to eliminate adverse environmental and social impacts, offset them, or reduce them to acceptable levels, and including the actions needed to implement these measures.

  • Environmental and Safety Requirements means all federal, state, local and foreign statutes, regulations, ordinances and similar provisions having the force or effect of law, all judicial and administrative orders and determinations, all contractual obligations and all common law concerning public health and safety, worker health and safety and pollution or protection of the environment, including all such standards of conduct and bases of obligations relating to the presence, use, production, generation, handling, transport, treatment, storage, disposal, distribution, labeling, testing, processing, discharge, release, threatened release, control, or cleanup of any hazardous materials, substances or wastes, chemical substances or mixtures, pesticides, pollutants, contaminants, toxic chemicals, petroleum products or by-products, asbestos, polychlorinated biphenyls (or PCBs), noise or radiation.

  • Grievance System means the overall system that includes:

  • Environmental, Health or Safety Requirements of Law means all Requirements of Law derived from or relating to foreign, federal, state and local laws or regulations relating to or addressing pollution or protection of the environment, or protection of worker health or safety, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq., the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq., and the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., in each case including any amendments thereto, any successor statutes, and any regulations or guidance promulgated thereunder, and any state or local equivalent thereof.

  • Victim of a crime means a person who has suffered personal or