New York State Court Clerk Practice Exam

Can a prosecutor's information charge a felony?

1. Yes

2. No

3. Only if it is a serious felony

4. Only with prior approval

The correct answer is: No

In New York State, a prosecutor's information is a type of accusatory instrument used to initiate a criminal proceeding. However, it is limited in its application. Specifically, prosecutor's information can only charge misdemeanors, not felonies. This is an important distinction because felonies typically require an indictment from a grand jury, which is a separate legal process designed to provide a more rigorous evaluation of evidence before proceeding with more serious charges. Since prosecutor's information is designed for cases where there is no significant risk of a lengthy sentence typically associated with felonies, it serves as a streamlined process for less severe offenses. Understanding this framework is crucial for those preparing for the New York State Court Clerk Challenge, as it illustrates the procedural limitations placed on different types of criminal charges within the state's legal system.