New York Consolidated Laws

N.Y. Criminal Procedure Law § 200.30 (2026)

Indictment; duplicitous counts prohibited

✓ current as of May 2026

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§ 200.30  Indictment; duplicitous counts prohibited.
  1.  Each count of an indictment may charge one offense only.
  2.  For purpose of this section, a statutory provision which defines
the offense named in the title thereof by providing, in different
subdivisions or paragraphs, different ways in which such named offense
may be committed, defines a separate offense in each such subdivision or
paragraph, and a count of an indictment charging such named offense
which, without specifying or clearly indicating the particular
subdivision or paragraph of the statutory provision, alleges facts which
would support a conviction under more than one such subdivision or
paragraph, charges more than one offense.

Notes of Decisions

Cited in 2 cases, 2008–2009 · leading case: People v. Bauman, 905 N.E.2d 1164 (NY 2009).

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People v. Bauman, 905 N.E.2d 1164 (NY 2009). “10 (3) which alleges 11 acts over an eight-month period under one count violates Criminal Procedure Law § 200.30 (1). By indictment, defendants were charged with one count of intentional assault under Penal Law § 120.”

Haji v. Miller, 584 F. Supp. 2d 498 (E.D.N.Y 2008). “The practice commentaries confirm that “duplicitous” as used in the statute describes “[a] count that accuses a defendant of more than one offense.”

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