# N.Y. CPL Law § 40.10: Previous prosecution; definitions of terms

> New York · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_NY_ACPL_P1_TC_A40_S40.10

## Section

- **Citation:** N.Y. CPL Law § 40.10
- **Heading:** Previous prosecution; definitions of terms
- **Jurisdiction:** New York
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** New York Code / Act CPL / Part 1 / Title C / Article 40 / Section 40.10

## Text

§ 40.10 Previous prosecution; definitions of terms.\n The following definitions are applicable to this article:\n 1. "Offense." An "offense" is committed whenever any conduct is\nperformed which violates a statutory provision defining an offense; and\nwhen the same conduct or criminal transaction violates two or more such\nstatutory provisions each such violation constitutes a separate and\ndistinct offense. The same conduct or criminal transaction also\nestablishes separate and distinct offenses when, though violating only\none statutory provision, it results in death, injury, loss or other\nconsequences to two or more victims, and such result is an element of\nthe offense as defined. In such case, as many offenses are committed as\nthere are victims.\n 2. "Criminal transaction" means conduct which establishes at least\none offense, and which is comprised of two or more or a group of acts\neither (a) so closely related and connected in point of time and\ncircumstance of commission as to constitute a single criminal incident,\nor (b) so closely related in criminal purpose or objective as to\nconstitute elements or integral parts of a single criminal venture.\n

## Nearby sections

- [N.Y. CPL Law § 40.10 Previous prosecution; definitions of terms](https://www.frixlaw.com/law-library/statutes/STATE_NY_ACPL_P1_TC_A40_S40.10.md)
- [N.Y. CPL Law § 40.20 Previous prosecution; when a bar to second prosecution](https://www.frixlaw.com/law-library/statutes/STATE_NY_ACPL_P1_TC_A40_S40.20.md)
- [N.Y. CPL Law § 40.30 Previous prosecution; what constitutes](https://www.frixlaw.com/law-library/statutes/STATE_NY_ACPL_P1_TC_A40_S40.30.md)
- [N.Y. CPL Law § 40.40 Separate prosecution of jointly prosecutable offenses; when barred](https://www.frixlaw.com/law-library/statutes/STATE_NY_ACPL_P1_TC_A40_S40.40.md)
- [N.Y. CPL Law § 40.50 Previous prosecution; enterprise corruption](https://www.frixlaw.com/law-library/statutes/STATE_NY_ACPL_P1_TC_A40_S40.50.md)
- [N.Y. CPL Law § 40.51 Previous prosecution: presidential reprieve, pardon or other form of clemency](https://www.frixlaw.com/law-library/statutes/STATE_NY_ACPL_P1_TC_A40_S40.51.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_NY_ACPL_P1_TC_A40_S40.10. Check the current official text before relying on it. Not legal advice.