Criminal Court Proceedings
The following is a general overview of proceedings in a local criminal court and is not to be used as a legal reference in any proceeding before any court. It is recommended that if an individual is charged with a crime that he/she should seek advice from an attorney.
The City Court can try cases involving misdemeanors or violations of the State Penal Law or violations of Local Ordinances. The City Court also hears preliminary matters in felony cases before they are transferred to the County Court.
Different procedures exist for bringing criminal charges against an individual. Misdemeanor charges can be filed in the City Court upon an Accusatory Instrument or Complaint filed by the local police agencies or upon the filing of a Prosecutor's Information by the District Attorney.
When an Accusatory Instrument or Prosecutor's Information is filed with the Court, an arrest warrant may be issued for the defendant or the defendant may be served with a criminal summons to appear, unless a police agency issued an appearance ticket for the defendant to appear before the Court on a specific date and time. If the defendant fails to appear as directed in the appearance ticket or the summons, the Court may issue a warrant for the defendant's arrest.
At arraignment, the defendant is formally advised of the charges pending before the Court and the Court further advises the defendant of his/her rights (the right to an attorney, the right to a trial, etc.) and gives the defendant the opportunity to plead guilty or not guilty. If the defendant cannot afford an attorney, the Court will direct the defendant to the Public Defenders Office or make a determination that the defendant meets the financial guidelines and an attorney is assigned to represent him/her. Otherwise, the defendant must either retain his/her own attorney or proceed without an attorney (pro se).
If the defendant is in custody of the Sheriff, the Court may either release the defendant on his/her own recognizance or set bail. If the defendant or a third party posts bail on behalf of the defendant and if the defendant fails to appear for future court appearances, the bail monies posted may be forfeited.
If an individual is charged with a felony and the charge is filed in the City Court, the defendant is entitled to request a preliminary hearing. At the hearing, the Court will determine if there is reasonable cause to believe that the accused committed a felony. As is true in all hearings, the defendant has the right to be present and the right to be represented by an attorney at a preliminary hearing. The defendant may also, if he or she chooses, present evidence and testimony,. If the Court determines that the felony charge is substantiated, the matter is held over for action of a Grand Jury. If the prosecution does not present evidence that the defendant committed any offense, the Court must release the defendant from custody. If the hearing shows that the defendant committed an offense other than the felony charged, the Court may reduce the charge.
If, at arraignment, the defendant pleads guilty to a misdemeanor or violation, the court will either sentence the defendant immediately or schedule a sentencing date and order the preparation of a Pre-Sentence Investigation by the County Probation Department depending on the seriousness of the crime. The Pre-Sentence Investigation (P.S.I.) is a report that provides the Court with background information concerning the defendant including any prior criminal record.
If, on the other hand, the defendant pleads not guilty, a pretrial conference and a trial are scheduled. In advance of the trial, the defendant may, through his attorney or on his own if acting pro se, make written motions challenging items, for example the sufficiency of the accusatory instrument or the validity of seizure of evidence or the voluntariness of a confession made by the defendant. These motions may result in the Court holding hearings to determine if the defense contentions are correct and must be filed within 45 days of the defendant's arraignment.
In violation cases, the defendant is not entitled to a jury trial. If a trial is necessary, all violation cases are heard by the Judge.
At the trial (jury or non-jury), the prosecutor must establish the defendant's guilt beyond a reasonable doubt. The prosecutor must produce witnesses and may produce physical evidence to try and prove the case. The defendant is not required to offer any proof as the defendant is presumed innocent until proven guilty. However, the defendant is entitled to call witnesses and offer evidence in his/her defense if he/she chooses.
After all the testimony has been heard and all the evidence presented and the Jury has been instructed on the applicable law by the Judge, the Jury retires to the jury room to deliberate.
If the defendant is found not guilty, then he/she is released (unless he/she has other charges pending). If found guilty, sentencing may take place immediately or the case may be adjourned and a sentencing date set.
In New York State, the Court generally has discretion in the sentence it will impose and is not bound by any agreement between the prosecutor and the defense attorney. In City Courts, the maximum sentence the defendant can receive for a Class A Misdemeanor is one (1) year in the County Jail. The Court has other sentencing and sanction options available to it including: Probation, Conditional Discharge, Fines, Community Service, Driver's License Suspension to name a few.
Appeals
If you believe that a City Court decision/disposition in your criminal or quasi-criminal (traffic infraction or code case) matter was legally incorrect, you may ask to have that determination reviewed by a judge of the Appellate (County) Court following the filing of a Notice of Appeal with the Court (see below steps). However, it is advisable to read the following in its entirety before proceeding with an appeal so that you are aware of the process and requirements to do so.
There is no filing fee for a Criminal or Quasi-Criminal or Traffic Appeal, however there are other costs associated to include obtaining a copy of the transcript of the proceedings and, if you choose, the cost of hiring an attorney to represent you on the appeal. Please know if you were assigned an attorney for the case, they are not automatically assigned on the Appeal but may file the Notice of Appeal on your behalf, and have it served for you if you request it. Additionally, your assigned counsel may also make an application to the County Court for permission to continue to represent you on the appeal should they choose.
For persons experiencing financial hardship, please know you may be entitled to have the costs of the transcripts paid for by the Court and/or for assignment of an attorney for the appeal at no cost to you. To apply for a Fee Waiver, ask the clerk to provide you with the information and application, or you may see How to Apply for a Fee Waiver (PDF). Once you have completed the Fee Waiver application, you will need to file it with the County Court for their review and approval/denial.
***Note: that your request for a Fee Waiver does not change the thirty (30) day time limit to file the Notice of Appeal with the Court.***
- Within thirty (30) days from the date of the conviction, you will need to prepare a Notice of Appeal and arrange to have a copy of it served on the prosecuting attorney (this would be either the Chemung County District Attorney’s Office OR the Corporation Counsels Office depending on the case) by mail or personal delivery before filing the Notice of Appeal with the Court. The Notice of Appeal should contain the caption of the case, the docket number (CR-XXXX-XX) associated with that case, and must also include your address in the Notice of Appeal.
- Following service of the Notice of Appeal, you must file two copies (original and a copy) of the written Notice of Appeal with the City Court that heard and decided the case. Along with it, you must also file a notarized Affidavit of Service with the Court showing how, when and to whom the Notice of Appeal was served.
If there was a Court Reporter at trial: If a Court Reporter was present for the trial, you must contact that reporter and request a transcript of the trial. You must advise the Court Reporter that there is an appeal pending, and the reporter is then required to provide you with an estimate of the cost of two (2) copies of the transcripts; one for you and one for the Appellate Court.
Please know the cost of the transcript is solely your responsibility and will require you to correspond and make payment arrangements with the court reporter directly.
If there was no Court Reporter at the trial: If there was no court reporter at the trial, you will need to secure a UCS certified Transcriptionist to have the trial transcribed from the electronic recording. To obtain a listing of available Transcriptionists, you may request a copy from the court clerk or find the listing at Transcription Services Vendor List (PDF). After you have secured a Transcriptionist and agreed to their payment and time constraints, you will need to complete the Transcript Request Form listing the Transcriptionist of your choosing for the Court to send the audio directly to them. (Please note audio cannot be sent to any parties other than UCS certified Transcriptionists).
Please know the cost of the transcript is solely your responsibility and will require you to correspond and make payment arrangements with the Transcriptionist directly. This will include two (2) copies of the transcripts; one for you and one for the Appellate Court. The Transcriptionist may require an advance deposit before starting the Transcript and will require payment of the balance before releasing the transcript.
***Note: If you have been granted a Fee Waiver by the County Court, you must file the Order of the County Court with the City Court to avoid the cost of the Transcript.***
- After the City Court has received the Transcript(s), you will need to “settle the minutes” and you will receive a letter from the City Court in this regard.
- Once the minutes are settled, the City Court will file a "Return of Appeal" with the Appellate Court which includes the case file contents along with the certified Transcript of your trial.
At that point, the Appeal will then be considered by the Appellate Court. If you wish to file additional documentation with the Appellate Court, you would need to contact the County Court Clerk's office on the procedure for submitting additional documents. Copies of any documents that you provide to the Court should always be provided to the prosecuting attorney.
If, after you have started an appeal, you change your mind and wish to discontinue or withdraw the appeal, you must notify the City Court in writing that you will not be proceeding with the appeal. This notice should also be sent to the prosecuting attorney. Of course, you will still be responsible for any costs associated with the appeal including the Transcript that was ordered.
- After the appeal has been decided by the Appellate Court, a copy of that Decision will be mailed to you at the most recent address on file with the Court.
You may visit the Chemung County Law Library at 203-205 Lake Street, 1st Floor, Elmira, NY for additional legal references on the filing of an appeal. Please be advised court personnel cannot provide legal advice.
Payment of Fine or Surcharge
If you have a fine and/or mandatory surcharge, you must pay it by the due date as directed by the Court.
You may pay online, in person, or by mail:
Criminal Record Searches
UCS Criminal History Record Search Program
If you are seeking to search for the existence of criminal records pertaining to a specific person within the entirety of all the courts within New York State, you will need to contact the UCS Criminal History Record Search Program. The cost for the search is $95.00 per name. Please visit the UCS Criminal History Record Search Program for more information. Alternatively, you can call them at 212-428-2943 or email [email protected].
If you are seeking to search for the existence of criminal records pertaining to a specific person within Elmira City Court only, please know you may request a search per a two (2) year period at a cost of $5.00 for each two (2) year search.
For persons experiencing financial hardship, please know you may be entitled to have the cost(s) of the search fee waived. If you are requesting a record for yourself as defendant, and you were represented by indigent defense counsel OR if you currently possess a valid NYS Benefit Identification card, please know your FEE will automatically be WAIVED. To apply for a Fee Waiver, ask the clerk to provide you with the information and application, or you may see How to Apply for a Fee Waiver (PDF). Once you have completed the Fee Waiver application, you will need to file it with the County Court for their review and approval/denial. If approved, you will need to provide it to the Court along with your search request found on the Search Request Form.
If your agency is exempt from search fees pursuant to statute, you will need to provide your search request in writing on agency letterhead.
Please be advised that records retention schedules may affect your request if it is older than the Court is currently holding records for.
In-person requests and payments are accepted via cash, money order/certified cashier’s check or credit/debit card transactions (Visa, MasterCard, Discover and American Express). If you are mailing in your request, please pay via Money Order or Certified Cashier’s Check only as there is no current ability to accept remote payment via credit card for this type of transaction.
Note: If you will be requesting copies of documents or a Certificate of Disposition/Conviction and you know the docket number of the case you are looking for, you will not need to pay for the search fee.
Note regarding Sealed Cases:
IF YOU ARE THE DEFENDANT and you are searching for a SEALED case, proper proof of identification will be required to release the information. If you are mailing in a request, you will also need to have it notarized to prove you are the defendant.
IF YOU ARE ACTING AS AN AGENT ON BEHALF OF A DEFENDANT, and you are searching for a SEALED case, you must provide a notarized statement from the defendant indicating your permission and authorization to have sealed record information released to you.
Please know that if a record is sealed and you are not the defendant, or you do not have written notarized permission of the defendant to have the information released to you, the COURT CANNOT ACKNOWLEDGE THAT A RECORD EXISTS (See Criminal Procedure Law sec. 160.50). Therefore, there will no information provided as to search results in those sealed cases.
If a defendant is adjudicated a Youthful Offender, information is not available to the defendant without a formal motion or notarized statement from defendant to the Court, stating reason requesting release of information which then requires judicial approval. (Criminal Procedure Law sec. 720.35).
Certificate of Disposition/Conviction
More Certificate of Disposition Information
A Certificate of Disposition/Conviction is an official court document affixed with the Court Seal that indicates the disposition of the case. There is a fee of $5.00 required for each Certified requested. However, if you were represented by Assigned Counsel (ex. Public Defender, etc.) for the case you are requesting, OR if you are currently in possession of a NYS Benefit Card, you may have the fee waived due to indigency.
In-person requests and payments are accepted via cash, money order/certified cashier’s check or credit/debit card transactions (Visa, MasterCard, Discover and American Express). If you are mailing in your request, please pay via Money Order or Certified Cashier’s Check only as there is no current ability to accept remote payment via credit card for this type of transaction.
For persons experiencing financial hardship, please know you may be entitled to have the cost(s) of the Certificate waived. If you are requesting a record for yourself as defendant, and you were represented by indigent defense counsel OR if you currently possess a valid NYS Benefit Identification card, please know your FEE will automatically be WAIVED. To apply for a Fee Waiver, ask the clerk to provide you with the information and application, or you may see How to Apply for a Fee Waiver (PDF). Once you have completed the Fee Waiver application, you will need to file it with the County Court for their review and approval/denial. If approved, you will need to provide it to the Court along with your search request found on the Certificate of Disposition Form.
If your agency is exempt from search fees pursuant to statute, you will need to provide your search request in writing on agency letterhead.
Please be advised that records retention schedules may affect your request if it is older than the Court is currently holding records for.
In-person requests and payments are accepted via cash, money order/certified cashier’s check or credit/debit card transactions (Visa, MasterCard, Discover and American Express). If you are mailing in your request, please pay via Money Order or Certified Cashier’s Check only as there is no current ability to accept remote payment via credit card for this type of transaction.
Note regarding Sealed Cases:
IF YOU ARE THE DEFENDANT and you are requesting a Certificate for a SEALED case, proper proof of identification will be required to release the information. If you are mailing in a request, you will also need to have it notarized to prove you are the defendant.
IF YOU ARE ACTING AS AN AGENT ON BEHALF OF A DEFENDANT, and you are requesting a Certificate for a SEALED case, you must provide a notarized statement from the defendant indicating your permission and authorization to have sealed record information released to you.
Please know that if a record is sealed and you are not the defendant, or you do not have written notarized permission of the defendant to have the information released to you, the COURT CANNOT ACKNOWLEDGE THAT A RECORD EXISTS (See Criminal Procedure Law sec. 160.50). Please know that refunds are not provided for these requests.
If a defendant is adjudicated a Youthful Offender, information is not available to the defendant without a formal motion or notarized statement from defendant to the Court, stating reason requesting release of information which then requires judicial approval. (Criminal Procedure Law sec. 720.35).