§ 2176. Bar to prosecution. The subsequent intermarriage of the parties, or the lapse of two years after the commission of the offense before the finding of an indictment, is a bar to a prosecution for a violation of this section. Derivation: Penal Code, § 285. Added by L. 1909, Ch. 524. In effect, May 27, 1909. 2177. No conviction on unsupported testimony. No conviction can be had for an offense specified in the last section, upon the testimony of the female seduced, unsupported by other evidence. Derivation: May 27, 1909. Penal Code, § 286. Added by L. 1909, Ch. 524. In effect, Kenyon V. People (1863), 26 N. Y. 203; Boyce v. People (1874), 55 N. Y. 644; Armstrong v. People (1877), 70 N. Y. 38; People v. Kearney (1888), 110 N. Y. 188, 7 N. Y. Cr. 114, rev'g 47 Hun, 129, 7 N. Y. Cr. 106; People v. Girmaer (1894), 80 Hun, 78, 30 N. Y. Supp. 17; People v. Orr (1895), 92 Hun, 199, 36 N. Y. Supp. 398; see also Crandall v. People, 2 Lans. 309; People v. Hine, 8 N. Y. Leg. Obs. 139; State v. Araah, 55 Iowa, 250; State v. Dietrick, 51 Iowa, 467; People v. Jensen (Mich.), 33 N. W. 811; State v. Brassfield, 81 Mo. 151, 51 Am. Rep. 234; State v. Patterson, 88 Mo. 88, 57 Am. Rep. 374; Rice v. Com., 100 Pa. St. 28; Cook v. People, 2 Th. & C. 404; State v. Hill, 4 S. W. 121; State v. Brinkhaus, 7 Crim, L. Mag. 349. ARTICLE 196. SENTENCE. SECTION 2180. Place to be specified in sentence; removal of convicts. 2181. Sentence to imprisonment for less than one year. 2182. Sentence to imprisonment for one year. 2183. Sentence to imprisonment for more than one year. 2184. Sentence to house of refuge, state industrial school, and New 2185. Sentence of males between sixteen and thirty years of age. 2187. Sentence of female convicts to imprisonment. 2188. Duty of court to sentence; suspending sentence. 2189. Indeterminate sentences to state prisons. 2190. Sentence to imprisonment on two or more convictions. 2191. Sentence when punishment prescribed is imprisonment for not less than a specified time. 2192. Sentence where punishment prescribed is imprisonment for not more than a specified time. 2193. Calculating term of imprisonment. 2194. Sentence of minor under sixteen years of age. 2195. Imprisonment when sentenced to a reformatory. 2196. Sentence to penitentiary under the provisions of § 320 of prison law, of person not punishable by imprisonment in state prison. 2197. Repealed. 2198. Sentence of convicts to state prisons. 8 2180. Place to be specified in sentence; removal of convicts. The place of the imprisonment must be specified in the judgment and sentence of the court. But convicts may be removed from one place of confinement to another, in a case, and by the authority, designated by statute. Derivation: Penal Code, § 705. Weed v. People (1865), 31 N. Y. 465; see also Matter of Waterman, 33 Fed. 29. § 2181. Sentence to imprisonment for less than one year. Where a person is convicted of a crime, for which the punishment inflicted is imprisonment for a term less than one year, the imprisonment must be inflicted by confinement in the county jail, or place of confinement designated by law to be used as the jail of the county, except when otherwise specially prescribed by statute. Derivation: Penal Code, § 702. People v. Parr (1886), 4 N. Y. Cr. 546; People v. Hughes (1893), 137 N. Y. 33, aff'g 46 N. Y. S. R. 413. § 2182. Sentence to imprisonment for one year. Where a person is convicted of a crime, for which the punishment inflicted is imprisonment for a term of one year, he may be sentenced to, and the imprisonment, may be inflicted by, confinement either in a county jail, or in a penitentiary or state prison. No person shall be sentenced to imprisonment in a state prison for less than one year. Derivation: Penal Code, § 703. People ex rel. DeVoe v. Kelly (1884), 97 N. Y. 212, 32 Hun, 540, modf'g 32 Hun, 536; People v. Parr (1886), 4 N. Y. Cr. 546; Mairs v. Balt. & Ohio Railroad Co. (1903), 175 N. Y. 409, aff'g 73 App. Div. 265, 76 N. Y. Supp. 838. § 2183. Sentence to imprisonment for more than one year. Where a person is convicted of a crime, for which the punishment inflicted is imprisonment for a term exceeding one year, or is sentenced to imprisonment for such a term, the imprisonment must be inflicted by confinement at hard labor in a state prison. But this and sections twenty-one hundred and eighty-one and twenty-one hundred and eighty-two shall not apply to a case where special provision is made by statute as to the punishment for any particular offense or class of offenses or offenders, nor to the cases specified in sections twenty-one hundred and eighty-four, twenty-one hundred and eighty-five, twenty-one hundred and eighty-six and twenty-one hundred and eighty-seven. Derivation: Penal Code, § 704. People v. Hughes (1893), 137 N. Y. 29, aff'g 46 N. Y. S. R. 413; People ex rel. Gately v. Sage (1897), 13 App. Div. 136, 43 N. Y. Supp. 372, rev'g 17 Misc. 713, 41 N. Y. Supp. 531; People ex rel. Cosgriff v. Craig (1908), 60 Misc. 531; see also People v. Dewey, 11 N. Y. Supp. 603. § 2184. Sentence to house of refuge, state industrial school, and New York state training school for girls. Where a male person under the age of twelve years is convicted of a crime amounting to felony, or where a male person of twelve years and under the age of sixteen years is convicted of a crime, the trial court may, instead of sentencing him to imprisonment in a state prison or in a penitentiary, direct him to be confined in a house of refuge under the provsions of the statute relating thereto. Where the conviction is had and the sentence is inflicted in the first, second, third or ninth judicial district, the place of confinement must be a house of refuge established by the managers of the society for the reformation of juvenile delinquents in the city of New York; where the conviction is had and the sentence inflicted in any other district, the place of confinement must be in the state industrial school. Where a male person of the age of sixteen years and under the age of eighteen years has been convicted of juvenile delinquency or of a misdemeanor, the trial court may, instead of sentencing him to imprisonment in a state prison or in a penitentiary, direct him to be confined in a house of refuge established by the managers of the society for the reformation of juvenile delinquents in the city of New York; under the provisions of the statute relating thereto. Where a female person not over the age of twelve years is convicted of a crime amounting to felony, or where a female person of the age of twelve years and not over the age of sixteen years is convicted of a crime, the trial court may, instead of sentencing her to imprisonment in a state prison or in a penitentiary, direct her to be confined in the New York state training school for girls, under the provisions of the statute relating thereto. But nothing in this section shall affect any of the provisions contained in section twenty-one hundred and ninety-four. (Amended by L. 1913, ch. 607, in effect May 21, 1913.) Derivation: Penal Code, § 701, as amended L. 1896, ch. 554; L. 1904, ch. 388. People ex rel. Zeese v. Masten (1894), 79 Hun, 580, 29 N. Y. Supp. 891; see also People v. Degnen, 6 Abb. Pr. (N. S.) 87, 54 Barb. 105; Matter of Lewinski, 66 How. Pr. 175; Park v. People, 1 Lans. 263; Matter of Reilly, 18 Week. Dig. 515. § 2185. Sentence of males between sixteen and thirty years of age. A male between the ages of sixteen and thirty, convicted of a felony, who has not theretofore been convicted of a crime punishable by imprisonment in a state prison, may, in the discretion of the trial court, be sentenced to imprisonment in the New York state reformatory at Elmira, to be there confined under the provisions of law relating to that reformatory. Derivation: Penal Code, § 700, as amended L. 1888, ch. 145. People ex rel. Duntz v. Coon (1893) 67 Hun, 523, 22 N. Y. Supp. 865; People v. Madden (1907), 120 App Div. 338; People ex rel. Bettram v. Flynn (1907), 55 Misc. 22, 105 N. Y. Supp. 551; Matter of Jacobs (1908), 57 Misc. 655, 109 N. Y. Supp. 1068; see also Matter of Gilmore, N. Y. L. J. August 26, 1893; Matter of Weber, Daily Reg. Aug. 17, 1888. § 2186. (Am'd, 1909.) Sentence of minors to imprisonment. Where a male person between the ages of sixteen and twentyone years is convicted of a felony, or where the term of imprisonment of a male convict for a felony is fixed by the trial court at one year or less, the court may direct the convict to be imprisoned in a county penitentiary, instead of a state prison, or in the county jail located in the county where sentence is imposed. A child of more than seven and less than sixteen years of age, who shall commit any act or omission which, if committed by an adult, would be a crime not punishable by death or life imprisonment, shall not be deemed guilty of any crime, but of juvenile deliquency only, but any other person concerned therein, whether as principal or accessory, who otherwise would be punishable as a principal or accessory shall be punishable as a principal or accessory in the same manner as if such child were over sixteen years of age at the time the crime was committed. Any child charged with any act or omission which may render him guilty of juvenile deliquency shall be dealt with in the same manner as now is or may hereafter be provided in the case of adults charged with the same act or omission except as specially provided heretofore in the case of children under the age of sixteen years. Derivation: Penal Code, § 699, as amended L. 1892, ch. 496; L. 1894, ch. 726; L. 1896, ch. 553; L. 1902, ch. 103; L. 1905, ch. 655; L. 1907, ch. 417. Amended by L. 1909, Ch. 478. In effect Sept. 1, 1909. $2187. Sentence of female convicts to imprisonment. Any woman over the age of sixteen years, who shall be convicted of a felony in any of the courts of this state, shall, when the sentence imposed is one year or more, be sentenced to imprisonment in the state prison for women at Auburn. When the sentence imposed is less than one year, she may be committed to the county jail of the county where convicted, or to a penitentiary, or to the state prison for women at Auburn. A woman between the ages of fifteen and thirty, convicted of a felony, who has not theretofore been convicted of a crime punishable by imprisonment in a state prison, may in the discretion of the trial court be sentenced to a house of refuse or reformatory for women, to be there confined under the provisions of law relating to such house of refuge or reformatory. Derivation: Penal Code, § 698, as amended L. 1896, ch. 374; L. 1900, ch. 114. People ex rel. Olcott v. House of Refuge (1897), 22 App. Div. 254, 47 N. Y. Supp. 767. |