New York court-system guide
Where will your case be heard?
The charging statute, alleged conduct, venue rules, and procedural stage may determine whether a case proceeds in a New York court or a federal district court. The court system can also change the rules governing release, discovery, motion practice, and sentencing.
General information
The threshold question
Federal district courts have original jurisdiction, exclusive of state courts, over offenses against United States law under 18 U.S.C. § 3231. Federal crimes appear in Title 18 and in other parts of the United States Code.
State prosecutors commonly bring charges under New York law. The governing statute and facts—not whether an allegation sounds “serious” or “interstate”—control whether a federal offense, a state offense, or both may be alleged.
Federal court structure in New York
The federal judiciary has 94 district courts. New York’s federal appeals go to the U.S. Court of Appeals for the Second Circuit. Review by the U.S. Supreme Court is generally discretionary. Review the federal court structure.
EDNY
Territorial coverage
Kings County (Brooklyn), Queens County (Queens), Richmond County (Staten Island), Nassau County, and Suffolk County. The statute also provides concurrent jurisdiction over specified waters within Bronx and New York Counties.
Court locations
The court currently identifies courthouses in Brooklyn and Central Islip.
SDNY
Territorial coverage
Bronx County (the Bronx), New York County (Manhattan), Dutchess, Orange, Putnam, Rockland, Sullivan, and Westchester Counties.
Court locations
The court states that it hears cases in Manhattan, White Plains, and Poughkeepsie.
New York criminal courts in NYC and Long Island
New York Supreme Court is a trial court. The New York Court of Appeals is the State’s highest court. The path between courts depends on the charge, county, and procedural posture.
Misdemeanors, lesser offenses, and preliminary felony proceedings
NYC Criminal Court handles misdemeanors and lesser offenses and conducts felony arraignments and preliminary hearings.
Felony prosecutions in New York City
Felony prosecutions that proceed in Supreme Court are heard in its Criminal Term. A felony may proceed by indictment or, when authorized and statutory conditions are met, by waiver of indictment and a superior-court information.
Misdemeanors, lesser offenses, and felony arraignments
District Courts handle misdemeanors and lesser offenses and arraign felony defendants in Nassau County and the five western towns of Suffolk County.
Felony trials outside NYC and local preliminary proceedings
County Courts in Nassau and Suffolk conduct felony trials. Nassau's Village Justice Courts and eastern Suffolk's Town and Village Justice Courts hear local misdemeanor and violation matters and may handle preliminary felony proceedings.
Concurrent jurisdiction is limited by statute
Family Court and criminal courts have concurrent jurisdiction only over specified family offenses involving qualifying relationships. A civil family-offense case and a State criminal prosecution can exist at the same time.
Juvenile and adolescent offender proceedings
Each county has a Youth Part for juvenile and adolescent offender proceedings. Whether a 16- or 17-year-old’s felony case remains there or is removed to Family Court depends on the charge and statutory removal process.
Which law applies?
A defendant does not elect the prosecuting sovereign. Charging and venue remain subject to the governing statutes and case-specific facts.
State-law allegations may include assault, robbery, burglary, theft, impaired driving, domestic-violence-related offenses, and many drug offenses. The specific statute and proof determine the charge. Review the firm’s organized criminal-charge directory.
Federal examples may include federally insured bank robbery; mail, wire, bank, health-care, securities, or tax fraud; federal firearms and immigration offenses; child-exploitation offenses; and federal controlled-substance offenses. Border crossing or “large-scale” conduct is not a universal element of every federal drug charge. For a closer look at financial prosecutions, review the firm’s federal white-collar defense guide .
Dual sovereignty
When conduct allegedly violates both New York and federal law, each government may prosecute offenses under its own law. That possibility does not predict that two cases will be filed. New York’s prior-prosecution rules in CPL §§ 40.20 and 40.30 and the Department of Justice’s internal Petite Policy require a fact- and charge-specific analysis.
General procedural comparison
These are general frameworks. A particular case may involve different motions, exclusions, release conditions, discovery orders, charging instruments, or statutory requirements.
Issue
New York state framework
Federal framework
New York state
A New York felony may proceed in superior court by indictment or, when CPL § 195.10 permits, by waiver of indictment and a superior-court information.
Federal
A federal felony generally proceeds by indictment unless indictment is validly waived. An arrested defendant must generally be brought before a magistrate judge without unnecessary delay.
New York state
New York securing-order rules distinguish qualifying and non-qualifying offenses and govern release, non-monetary conditions, bail, and remand.
Federal
The Bail Reform Act directs courts to consider recognizance first and then the least restrictive adequate conditions. Detention requires the statutory hearing and finding; listed presumptions are rebuttable.
New York state
A defendant’s opportunity to testify depends on timely written notice, the statutory notice process, waiver of immunity, and examination by the prosecution.
Federal
A target has no legal right to testify. Department of Justice policy nevertheless addresses reasonable requests by targets or subjects under stated conditions.
New York state
CPL § 30.30 is generally a prosecution-readiness framework, not a simple trial-start deadline. The period varies by charge level and is subject to statutory exclusions.
Federal
The Speedy Trial Act generally uses a 30-day charging framework and a 70-day trial framework measured from statutory triggering events, with identified exclusions.
New York state
Article 245 generally requires initial discovery within 20 calendar days after arraignment for an in-custody defendant and 35 days for an out-of-custody defendant, subject to statutory exceptions and protective procedures.
Federal
Federal Rule 16 requires specified disclosures on request. For qualifying government-witness statements, 18 U.S.C. § 3500 generally limits compelled production until after direct examination.
New York state
New York sentencing depends on the offense classification, statutory sentencing provisions, prior record, disposition, and other case-specific rules.
Federal
Federal courts consider the advisory Sentencing Guidelines and 18 U.S.C. § 3553(a) factors. Mandatory minimums and supervised release apply only when authorized or required by law.
New York state
Immigration, licensing, employment, and later-sentencing effects depend on the offense, disposition, status, professional regime, and individual record.
Federal
The same caution applies in federal cases. The state or federal label alone does not determine every collateral consequence.
Immigration consequences can be case-specific. In Padilla v. Kentucky, the Supreme Court held that counsel must advise a noncitizen client whether a plea carries a risk of deportation.
Criminal and immigration guideNew York criminal appeals
Most Court of Appeals criminal review requires permission after intermediate appellate review, subject to narrow statutory exceptions. New York appellate courts.
Local criminal courts
Appeals from NYC Criminal Court and Nassau and Suffolk District Courts go to the applicable Appellate Term.
Superior trial courts
Appeals from Supreme Court and County Court judgments go to the Appellate Division for the judicial department where the judgment was entered.
State’s highest court
The Court of Appeals is not the trial-level Supreme Court. Most criminal cases reach it only by permission after intermediate review, subject to narrow statutory exceptions.
Frequently asked questions
Primary references
Court locations, statutes, rules, and procedures can change. The linked government sources provide the controlling starting points.
Court-specific preparation
First contact
For a recent arrest, an upcoming court date, or contact from law enforcement, call either office or send a text.
Call us
Text us718-344-6287WhatsAppTelegramMessages are reviewed as soon as possible. Do not send confidential details. Standard message rates may apply.
WhatsApp
Telegram