N.Y. Laws » CHAPTER Criminal Procedure / PART The Principal Proceedings / TITLE Preliminary Proceedings In Local Criminal Court / ARTICLE Commencement of Action In Local Criminal Court or Youth Part of a Superior Court--accusatory Instruments
New York Consolidated Laws

N.Y. Criminal Procedure Law § 100.15 (2026)

Information, misdemeanor complaint and felony complaint; form and content

✓ current as of May 2026
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§ 100.15 Information, misdemeanor complaint and felony complaint; form
             and content.
  1.  An information, a misdemeanor complaint and a felony complaint
must each specify the name of the court with which it is filed and the
title of the action, and must be subscribed and verified by a person
known as the "complainant."  The complainant may be any person having
knowledge, whether personal or upon information and belief, of the
commission of the offense or offenses charged.  Each instrument must
contain an accusatory part and a factual part.  The complainant's
verification of the instrument is deemed to apply only to the factual
part thereof and not to the accusatory part.
  2.  The accusatory part of each such instrument must designate the
offense or offenses charged.  As in the case of an indictment, and
subject to the rules of joinder applicable to indictments, two or more
offenses may be charged in separate counts.  Also as in the case of an
indictment, such instrument may charge two or more defendants provided
that all such defendants are jointly charged with every offense alleged
therein.
  3.  The factual part of such instrument must contain a statement of
the complainant alleging facts of an evidentiary character supporting or
tending to support the charges.  Where more than one offense is charged,
the factual part should consist of a single factual account applicable
to all the counts of the accusatory part.  The factual allegations may
be based either upon personal knowledge of the complainant or upon
information and belief.  Nothing contained in this section, however,
limits or affects the requirement, prescribed in subdivision one of
section 100.40, that in order for an information or a count thereof to
be sufficient on its face, every element of the offense charged and the
defendant's commission thereof must be supported by non-hearsay
allegations of such information and/or any supporting depositions.
  4.  Where a felony complaint charges a violent felony offense defined
in section 70.02 of the penal law and such offense is an armed felony as
defined in subdivision forty-one of section 1.20,
  (a)  the accusatory part of the instrument must designate the offense
as an armed felony, and (b) the factual part of the instrument must
allege facts of an evidentiary character supporting or tending to
support such designation.
Notes of Decisions
Cited in 14 cases, 2000–2016 · leading case: The People v. Antonio Aragon, 65 N.E.3d 675 (NY 2016).
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The People v. Antonio Aragon, 65 N.E.3d 675 (NY 2016). “Criminal Procedure Law § 100.15 (3) provides that the factual part of a misdemeanor complaint “must contain a statement of the complainant alleging facts of an evidentiary character supporting or tending to support the charges.”
People v. Gibble, 2 Misc. 3d 510 (N.Y. City Crim. Ct. 2003). “) To be sufficient on its face, an information must not only substantially conform to the requirements set forth in Criminal Procedure Law § 100.15 (1), but must also contain nonhearsay allegations of fact that, together with those of any supporting depositions accompanying it,…”
People v. Woods, 54 Misc. 3d 453 (N.Y. City Crim. Ct. 2016). “By motion filed June 20, 2016, defendant moved for omnibus relief, and for dismissal of counts one (aggravated harassment in the second degree) and three (menacing in the third degree) as facially insufficient pursuant to Criminal Procedure Law §§ 100.15, 100.40, 170.”
People v. Wong, 3 Misc. 3d 274 (N.Y. City Crim. Ct. 2004). “He has moved for an order dismissing the information for facial insufficiency under Criminal Procedure Law § 100.40, as well as other forms of relief.”
People v. Nuruzzaman, 8 Misc. 3d 356 (N.Y. City Crim. Ct. 2005). “He moves for an order dismissing the forcible touching count for facial insufficiency under Criminal Procedure Law § 100.40, as well as other forms of relief.”
O'MARA v. Town of Wappinger, 400 F. Supp. 2d 634 (S.D.N.Y. 2005). “On or about February 9, 2004, Donald O’Mara was criminally cited for a violation of New York’s Criminal Procedure Law § 100.15 for living on the premises illegally.”
People v. Jackson, 35 Misc. 3d 179 (N.Y. City Crim. Ct. 2011). “The defendant has moved for an order granting dismissal of the aforesaid charge against her pursuant to Criminal Procedure Law § 100.15 (3) for facial insufficiency.”
People v. Cruz, 44 Misc. 3d 640 (N.Y. City Crim. Ct. 2014). “The defendant moved, inter alia, to dismiss the information on grounds of facial insufficiency pursuant to Criminal Procedure Law §§ 100.15 (3) and 100.”
People v. Parbhu, 191 Misc. 2d 473 (N.Y. City Crim. Ct. 2002). “” Criminal Procedure Law § 100.40 provides that an information is facially sufficient when it: (i) complies with the form and content requirements specified in Criminal Procedure Law § 100.”
People v. Sanchez, 25 Misc. 3d 1104 (N.Y. City Crim. Ct. 2009). “Facial Sufficiency In order to be facially sufficient, an information must substantially conform to the formal requirements of Criminal Procedure Law § 100.15. Additionally, the factual portion and any accompanying depositions must provide reasonable cause to believe the…”
People v. DeShazo, 183 Misc. 2d 719 (2000). “” The defendant’s motion for dismissal of the accusatory instrument “pursuant to Criminal Procedure Law sections 100.15, 100.”
Goston v. Rivera, 462 F. Supp. 2d 383 (W.D.N.Y. 2006). “’ ” N.Y. Criminal Law § 100.15 (1). Under New York law, a felony complaint is “ ‘sufficient on its face when: (a) [i]t substantially conforms to the requirements prescribed in section [C.”
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