Felonies are prosecuted by "indictment" of a Grand Jury, which is a body of 23 people who meet in closed session are presented evidence of the possible commission of a felony offense.  If a majority of the members of the Grand Jury believe that the prosecutor has presented sufficient evidence to constitute "probable cause" to believe that a person has committed all the elements of a crime they will vote a "bill of indictment."  Once indicted a felony case is handled in either County Court or County Supreme Court (which court handles the case differs in different counties).  People who are the subjects of a Grand Jury investigation have a right to testify before the Grand Jury and to request that the Grand Jury call witnesses they believe have evidence.  However, it is important to understand that Grand Juries are creatures of the prosecution and unless immunity has been granted any testimony that a witness provides may be used against them.

Misdemeanorsare a category of offenses that are still considered "crimes," but are not considered to be as serious as felonies.  They include crimes such as DWI, petit larceny, several forms of drug possession, etc.  Like felonies, a misdemeanor conviction results in a permanent criminal record.  Penalties for a misdemeanor conviction include up to 1 year in county jail, fines and up to 3 years probation.  Misdemeanors are prosecuted in local courts (in a city they are handled in City Court, in all other areas of NYS they are handled in local town or village courts).