N.Y. Comp. Codes R. & Regs. tit. 22 § 200.23

Current through Register Vol. 46, No. 25, June 18, 2024

Section 200.23 - Recordkeeping requirements for town and village courts

(a) Each town and village court shall maintain:

(1) case files containing all papers filed, orders issued, any minutes or notes made by the court of proceedings or testimony, and a copy of any original documents or papers forwarded to another court or agency;

(2) an index of cases with a unique number assigned to each case when filed; and

(3) a cashbook which shall chronologically itemize all receipts and disbursements.

(b) In each case, except for parking violations, the court shall assign a unique case number for each defendant. In addition to the papers filed and orders issued, the court shall maintain records which shall include the following information:

(1) the defendant's name, address, and date of birth if under the age of 19;

(2) the State law or local ordinance, including section number, of each offense charged;

(3) a brief description of each offense charged and the date of its alleged commission;

(4) the date of arrest;

(5) the name of the arresting agency or officer;

(6) the date of arraignment;

(7) the name and address of the prosecutor and the defendant's attorney;

(8) a record of the arraignment proceedings, including the following entries: whether the charges were read to the defendant; the constitutional and statutory rights of which defendant was advised; whether counsel was assigned; the plea entered by defendant; a summary of other actions taken by the court at arraignment, including the form of release and amount of bail set; and the date of the next scheduled appearance;

(9) the defendant's NYSID number and court control number, where available, for fingerprintable offenses;

(10) a summary of all other actions taken and proceedings conducted before trial;

(11) the names and addresses of all witnesses sworn;

(12) whether the defendent waived a jury;

(13) each diposition after trial, and each disposition other than by trial and the reasons therefor;

(14) whether a presentence report was ordered and made available to the defendant or the defendant's attorney;

(15) any sentence imposed by the court; and

(16) a summary of all post-judgment proceedings.

(c) A model recordkeeping system which complies with the requirements of this Part will be prepared and distributed by the Office of Court Administration.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 200.23