1. How New York'S Criminal Court System Works
New York divides criminal jurisdiction between two courts. Which one handles your case depends on the charge classification.
Criminal Court Vs. Supreme Court
NYC Criminal Court handles arraignments for all charges, misdemeanor trials, and violation proceedings. New York Supreme Court handles felony trials after a grand jury returns an indictment. Outside New York City, County Courts exercise felony jurisdiction and local city, town, and village courts handle misdemeanors.
Every arrest in New York City begins in Criminal Court. A felony charge transfers to Supreme Court only after a grand jury indictment.
Misdemeanors and Felonies under New York Penal Law
New York Penal Law classifies offenses into violations, misdemeanors, and felonies. For misdemeanor criminal defense, the case resolves entirely in Criminal Court. Felonies require a grand jury indictment before proceeding to Supreme Court.
| Classification | Example | Maximum sentence |
| Violation | Disorderly conduct | 15 days |
| Class B misdemeanor | Harassment in the first degree | 3 months |
| Class A misdemeanor | Assault in the third degree | 1 year |
| Class E felony | Grand larceny in the fourth degree | 4 years |
| Class C felony | Robbery in the second degree | 15 years |
| Class B felony | Robbery in the first degree | 25 years |
| Class A-I felony | Murder in the first degree | Life |
2. Your Constitutional Rights in a New York Criminal Case
Federal constitutional protections apply in New York, but the state adds its own layer. In several areas, New York law gives defendants stronger protections than the federal baseline.
Fourth Amendment and New York'S Independent Grounds Doctrine
The Fourth Amendment prohibits unreasonable searches and seizures. New York courts also apply Article I, Section 12 of the New York State Constitution independently. Evidence may be suppressed on state grounds even when a federal court would have allowed it. This matters for unlawful stops, warrantless entries, and unlawful surveillance cases involving electronic monitoring or recording.
Fifth Amendment: Right to Remain Silent
The Fifth Amendment protects you from self-incrimination from the moment of arrest through trial. You are not required to answer police questions, and silence cannot be used against you in court. Invoke this right clearly and do not answer questions before speaking with an attorney.
Sixth Amendment: Right to Counsel
In New York, the right to counsel attaches at arraignment. Once you have an attorney, law enforcement cannot question you about the charged offense outside that attorney's presence. You also have the right to confront and cross-examine every witness the prosecution calls.
3. The New York Criminal Defense Process
New York's procedures differ from the federal system and from most other states in timing, discovery rules, and bail. The steps below follow a typical felony case in New York City.
Arrest, Arraignment, and Bail
Arraignment typically happens within 24 hours of arrest. The court reads the charges, you enter a plea, and bail is set under CPL § 510.10. New York's 2019 bail reform eliminated cash bail for most misdemeanors and non-violent felonies. The 2023 amendments restored judicial discretion for certain charges, including some repeat offenses and cases involving risk of flight. For a breakdown of what happens at this stage, see our page on arraignment and bail hearings.
Discovery and Pre-Trial Motions
CPL Article 245 (effective 2020) requires automatic disclosure of all prosecution evidence within 15 days of arraignment. This includes police reports, bodycam footage, witness statements, and lab results.
Our attorneys then file an omnibus motion package, which typically includes:
- Suppression motions for unlawfully obtained evidence
- A request to inspect grand jury minutes for legal sufficiency
- A Sandoval hearing request to limit prior bad acts at trial
- A Molineux challenge if the prosecution seeks to introduce uncharged conduct
CPL § 30.30 requires the prosecution to declare readiness within six months for felonies and 90 days for Class A misdemeanors. Missing either deadline is grounds for dismissal.
Building a Defense Strategy
Strategy depends on the charge, the quality of the prosecution's criminal evidence, and what the client needs. Some cases turn on a suppression motion. Others resolve through negotiation. Our attorneys identify which paths are available before advising on direction.
4. What a Defense Attorney Does at Each Stage
Our attorneys review all disclosed materials, identify procedural violations, and advise on grand jury testimony before indictment. They challenge evidence through pre-trial motions, negotiate with the District Attorney's Office, and prepare cross-examination if the case proceeds to trial. When sentencing follows a conviction, the focus shifts to mitigation.
5. Defense Strategies in New York Criminal Cases
| Strategy | When it applies |
| Suppression motion | Evidence from an unlawful stop, search, or coerced statement |
| CPL § 30.30 speedy trial motion | Prosecution misses the readiness deadline |
| Grand jury challenge | Legally insufficient evidence or procedural defect before indictment |
| Sandoval/Molineux hearing | Exclude prior bad acts from reaching the jury |
| Plea negotiation | Prosecution case is strong but charge reduction is realistic |
| Sentencing mitigation | Minimize consequences after a verdict or plea |
6. Frequently Asked Questions
What is the difference between a misdemeanor and a felony in New York?
Misdemeanors carry a maximum sentence of one year and are tried in Criminal Court. Felonies carry longer sentences and proceed to Supreme Court after a grand jury indictment.
Can evidence be suppressed in a New York criminal case?
Yes. Our attorneys file suppression motions when evidence was obtained through an unlawful stop, an unconstitutional search, or a coerced statement. Suppressed evidence cannot be used at trial.
What happens at arraignment in New York?
Charges are formally stated, you enter a plea, and the court sets bail or release conditions under CPL § 510.10.
What is CPL § 30.30?
New York's speedy trial statute. For felonies, the prosecution must declare readiness within six months. For Class A misdemeanors, the limit is 90 days. Missing either deadline is grounds for dismissal.
Do I have to speak to police after arrest?
No. The Fifth Amendment gives you the right to remain silent. State that right clearly and ask for an attorney before answering any questions.
21 Jul, 2025
