New York Codes, Rules and Regulations (NYCRR)

9 NYCRR 6170.2

Executive Department

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Definitions

Source version current through Apr 15, 2022

Later State Register activity may affect this section.

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Executive Department
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(a)Criminal justice agency includes any agency or department of the State or any political subdivision thereof which performs a criminal justice function.
(b)Crime shall mean a misdemeanor or a felony as defined in the Penal Law or section 1192 of the Vehicle and Traffic Law.
(c)Criminal justice function shall include the prevention, detection and investigation of the commission of a crime; the apprehension of a person for the alleged commission of a crime; the detention of a person charged with a crime prior to the disposition of the charge; the release on recognizance or bail of such person by a law enforcement agency; the prosecution of a person charged with a crime; the detention of a person convicted of a crime prior to sentencing; probation, incarceration, and/or parole; and the prosecution of proceedings in a court subsequent to a judgment of conviction relating thereto.
(d)Crime victim shall mean a natural person against whom any crime as defined in this section has been committed or attempted. Crime victim shall include the immediate family of a homicide victim or the immediate family or guardian of a minor who is a crime victim. In no case shall a victim include a defense witness or an individual reasonably believe to have been involved in the commission of the crime.
(e)Witness shall mean a natural person who has evidence or information concerning a crime and who provides such evidence or information to a criminal justice agency. Where the witness is a minor, witness shall include an immediate family member or guardian. In no case shall a witness include defense witnesses or those individuals reasonably believed to have been involved in the commission of the crime.

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