N.Y. Criminal Procedure Law Section 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 section, be separately prosecuted for such offenses even though such separate prosecutions are not otherwise barred by any other section of this article.

2.

When (a) one of two or more joinable offenses of the kind specified in subdivision one is charged in an accusatory instrument, and

(b)

another is not charged therein, or in any other accusatory instrument filed in the same court, despite possession by the people of evidence legally sufficient to support a conviction of the defendant for such uncharged offense, and

(c)

either a trial of the existing accusatory instrument is commenced or the action thereon is disposed of by a plea of guilty, any subsequent prosecution for the uncharged offense is thereby barred.

3.

When (a) two or more of such offenses are charged in separate accusatory instruments filed in the same court, and

(b)

an application by the defendant for consolidation thereof for trial purposes, pursuant to subdivision five of section 200.20 or section 100.45, is improperly denied, the commencement of a trial of one such accusatory instrument bars any subsequent prosecution upon any of the other accusatory instruments with respect to any such offense.

Source: Section 40.40 — Separate prosecution of jointly prosecutable offenses; when barred, https://www.­nysenate.­gov/legislation/laws/CPL/40.­40 (updated Sep. 22, 2014; accessed Dec. 6, 2025).

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Verified:
Dec. 6, 2025

Last modified:
Sep. 22, 2014

§ 40.40. Separate prosecution of jointly prosecutable offenses's source at nysenate​.gov

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