100.45 - Information, Prosecutor's Information, Misdemeanor Complaint; Severance, Consolidation, Amendment, Bill of Particulars.

NY Crim Pro L § 100.45 (2019) (N/A)

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severance, consolidation, amendment, bill of particulars.

1. Where appropriate, the provisions of sections 200.20 and 200.40 and paragraph (n) of subdivision four of section 20.40 of this chapter, governing severance of counts of an indictment and severance of defendants for trial purposes, and governing consolidation of indictments for trial purposes, apply to informations, to prosecutor's informations and to misdemeanor complaints.

2. The provisions of section 200.70 governing amendment of indictments apply to prosecutor's informations.

3. At any time before the entry of a plea of guilty to or the commencement of a trial of an information, the court may, upon application of the people and with notice to the defendant and opportunity to be heard, order the amendment of the accusatory part of such information by addition of a count charging an offense supported by the allegations of the factual part of such information and/or any supporting depositions which may accompany it. In such case, the defendant must be accorded any reasonable adjournment necessitated by the amendment.

4. The provisions of section 200.95, governing bills of particulars with respect to indictments, apply to informations, to misdemeanor complaints and to prosecutor's informations.

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100.50 - Superseding Informations and Prosecutor's Informations.