N.Y. Criminal Procedure Law Section 130.10

  • definition, function, form and content


A summons is a process issued by a local criminal court directing a defendant designated in an information, a prosecutor’s information, a felony complaint or a misdemeanor complaint filed with such court, or a youth part of a superior court directing a defendant designated in a felony complaint, or by a superior court directing a defendant designated in an indictment filed with such court, to appear before it at a designated future time in connection with such accusatory instrument. The sole function of a summons is to achieve a defendant’s court appearance in a criminal action for the purpose of arraignment upon the accusatory instrument by which such action was commenced.


A summons must be subscribed by the issuing judge and must state or contain (a) the name of the issuing court, and


the name of the defendant to whom it is addressed, and


the name or title of an offense charged in the underlying accusatory instrument, and


the date of issuance of the summons, and


the date and time when it is returnable, and


a direction that the defendant appear before the issuing court at such time.

Source: Section 130.10 — Summons; definition, function, form and content, https://www.­nysenate.­gov/legislation/laws/CPL/130.­10 (updated Oct. 4, 2019; accessed Jun. 15, 2024).

Jun. 15, 2024

Last modified:
Oct. 4, 2019

§ 130.10’s source at nysenate​.gov

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