N.Y. Criminal Procedure Law Section 40.10
Previous prosecution

  • definitions of terms

The following definitions are applicable to this article:


“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 and distinct offense. The same conduct or criminal transaction also establishes separate and distinct offenses when, though violating only one statutory provision, it results in death, injury, loss or other consequences to two or more victims, and such result is an element of the offense as defined. In such case, as many offenses are committed as there are victims.


“Criminal transaction” means conduct which establishes at least one offense, and which is comprised of two or more or a group of acts either (a) so closely related and connected in point of time and circumstance of commission as to constitute a single criminal incident, or


so closely related in criminal purpose or objective as to constitute elements or integral parts of a single criminal venture.

Source: Section 40.10 — Previous prosecution; definitions of terms, https://www.­nysenate.­gov/legislation/laws/CPL/40.­10 (updated Sep. 22, 2014; accessed Jun. 15, 2024).

Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 40.10’s source at nysenate​.gov

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