40.10 – Previous Prosecution; Definitions of Terms.
§ 40.10 Previous prosecution; definitions of terms. The following definitions are applicable to this article: 1. “Offense.” An “offense” is committed whenever any conduct is performed which violates a statutory provision defining an offense; and when the same conduct or criminal transaction violates two or more such statutory provisions each such violation constitutes a separate […]
40.20 – Previous Prosecution; When a Bar to Second Prosecution.
§ 40.20 Previous prosecution; when a bar to second prosecution. 1. A person may not be twice prosecuted for the same offense. 2. A person may not be separately prosecuted for two offenses based upon the same act or criminal transaction unless: (a) The offenses as defined have substantially different elements and the acts establishing […]
40.30 – Previous Prosecution; What Constitutes.
§ 40.30 Previous prosecution; what constitutes. 1. Except as otherwise provided in this section, a person “is prosecuted” for an offense, within the meaning of section 40.20, when he is charged therewith by an accusatory instrument filed in a court of this state or of any jurisdiction within the United States, and when the action […]
40.40 – Separate Prosecution of Jointly Prosecutable Offenses; When Barred.
§ 40.40 Separate prosecution of jointly prosecutable offenses; when barred. 1. Where two or more offenses are joinable in a single accusatory instrument against a person by reason of being based upon the same criminal transaction, pursuant to paragraph (a) of subdivision two of section 200.20, such person may not, under circumstances prescribed in this […]
40.50 – Previous Prosecution; Enterprise Corruption.
§ 40.50 Previous prosecution; enterprise corruption. 1. The following definitions are applicable to this section: (a) A criminal act or offense is “specifically included” when a count of an accusatory instrument charging a person with enterprise corruption alleges a pattern of criminal activity and the act or offense is alleged to be a criminal act […]
40.51 – Previous Prosecution: Presidential Reprieve, Pardon or Other Form of Clemency.
§ 40.51 Previous prosecution: presidential reprieve, pardon or other form of clemency. When a person has been granted a reprieve, pardon or other form of clemency for an offense pursuant to the authority granted in section two of article two of the United States constitution, a separate or subsequent prosecution of an offense is not […]
50.10 – Compulsion of Evidence by Offer of Immunity; Definitions of Terms.
§ 50.10 Compulsion of evidence by offer of immunity; definitions of terms. The following definitions are applicable to this article: 1. “Immunity.” A person who has been a witness in a legal proceeding, and who cannot, except as otherwise provided in this subdivision, be convicted of any offense or subjected to any penalty or forfeiture […]
50.20 – Compulsion of Evidence by Offer of Immunity.
§ 50.20 Compulsion of evidence by offer of immunity. 1. Any witness in a legal proceeding, other than a grand jury proceeding, may refuse to give evidence requested of him on the ground that it may tend to incriminate him and he may not, except as provided in subdivision two, be compelled to give such […]
50.30 – Authority to Confer Immunity in Criminal Proceedings; Court a Competent Authority.
§ 50.30 Authority to confer immunity in criminal proceedings; court a competent authority. In any criminal proceeding, other than a grand jury proceeding, the court is a competent authority to confer immunity in accordance with the provisions of section 50.20, but only when expressly requested by the district attorney to do so.
30.10 – Timeliness of Prosecutions; Periods of Limitation.
§ 30.10 Timeliness of prosecutions; periods of limitation. 1. A criminal action must be commenced within the period of limitation prescribed in the ensuing subdivisions of this section. 2. Except as otherwise provided in subdivision three: (a) A prosecution for a class A felony, or rape in the first degree as defined in section 130.35 […]