The Code of Criminal Procedure OF THE STATE OF NEW YORK. CHAPTER 442, LAWS OF 1881, As amended by Laws of 1882, 1883, 1884, 1885, 1886, 1887, 1888, AN ACT To establish a Code of Criminal Pro cedure. Passed June 1, 1881; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: PRELIMINARY PROVISIONS. Bec. 1. Title of the Code. 2. Divisions of the Code. 8. No person punishable but on legal conviction. 4. Crimes, how prosecuted. 5. Criminal action defined. 6. Parties to a criminal action. 7. The party prosecuted known as defendant. 8. Rights of defendant in a criminal action. 9. Second prosecution for the same crime prohibited. 10. No person to be a witness against himself in a criminal action or to be unnecessarily restrained. 1. Title of Code. This act shall be known as the Code of Criminal Procedure of the State of New York. See People ex rel. Fraser v. Board of Auditors of Bovina, 17 N. Y. St. § 2. Divisions of the Code. This Code is divided into six parts. The first relates to the courts having original jurisdiction in criminal actions; The second relates to the prevention of crime; The third relates to the judicial proceedings for the removal of public officers by impeachment or otherwise; The fourth relates to the proceedings in criminal actions prosecuted by indictment; The fifth relates to proceedings in special sessions and police courts; The sixth relates to special proceedings of a criminal nature. 3. No person punishable but on legal conviction. No person can be punished for a crime except upon legal conviction in a court having jurisdiction thereof. See U. S. Const., 5th Amendment; N. Y. Const., art. 1, § 1. See Cameron v. The Tribune Association, 27 N. Y. St. Rep. 907; In the 4. Crimes, how prosecuted. A crime must be prosecuted by indictment, except 1. Where proceedings are had for the removal of a civil officer of the state on impeachment by the assembly for willful or corrupt misconduct in office; 2. Where proceedings are had for the removal of justices of the peace, police justices and justices of justices' courts and their clerks; 3. A crime arising in the militia when in actual service, and in the land and naval forces in time of war, or which this state may keep with the consent of congress in time of peace; 4. Such crimes as are hereinafter or in special statutes specified as cognizable by courts of special sessions and police courts. See U. S. Const., 5th Amendment; N. Y. Const., art. 1, § 6. 5. Criminal action defined. The proceeding, by which a party charged with a crime is accused and brought to trial and punishment, is known as a criminal action. People v. Hall, 23 Misc. 479. 6. Parties to a criminal action. A criminal action is prosecuted in the name of the people of the state of New York, as plaintiffs, against the party charged with crime. Parties. People v. Johnson, 104 N. Y. 213; 5 N. Y. Cr. Rep. 217, affg. 4 N. Y. Cr. Rep. 591. 7. The party prosecuted known as defendant. The party prosecuted in a criminal action is designated in this Code as the defendant. Parties. People v. Johnson, 104 N. Y. 213; 5 N. Y. Cr. Rep. 217, affg. 4 N. Y. Cr. Rep. 591. 8. Rights of defendant in a criminal action. In a criminal action the defendant is entitled 1. To a speedy and public trial; 2. To be allowed counsel as in civil actions, or he may appear and defend in person and with counsel; and 3. To produce witnesses in his behalf, and to be confronted with the witnesses against him in the presence of the court, except that where the charge has been preliminarily examined before a magistrate, and the testimony reduced by him to the form of a deposition in the presence of the defendant, who has, either in person or by counsel, cross-examined, or had an opportunity to cross-examine, the witness, or, where the testimony of a witness on the part of the people, has been taken according to the provisions of section two hundred and nineteen of this Code, the deposition of the witness may be read upon its being satisfactorily shown to the court that he is dead or insane, or cannot with due diligence be found in the state. Am'd L. 1887, ch. 422. Subd. 1. U. S. Const., 6th Amendment; People v. Hall, 23 Misc. 479. Subd. 2. N. Y. Const., art. 1, § 6; People v. Davis, 46 N. Y. St. Rep. 213; 19 N. Y. Supp. 781; People v. Hildebrandt, 16 Misc. 195; People ex rel. Garling v. Van Allen, 55 N. Y. 31; People ex rel Burgess v. Risley, 66 How. Pr. Rep. 67; People ex rel. McDonald v. Keeler, 99 N. Y. 463. This enactment constitutional and valid. People v. Williams, 35 Hun, 516, 3 N. Y. Cr. Rep. 63. 6th Amendment, U. S. Const., applies only to U. S. Courts. 14th Amendment, § 1, U. S. Const., not in conflict with subd. 3. People v. Williams, supra. Right to hear testimony. People v. Palmer, 43 Hun, 397; 5 N. Y. Cr. Rep. 101. Deposition of absent witness. People v. Murphy, 1 N. Y. Cr. Rep. 102; Wightman v. People, 67 Barb. 44; People v. Guidici, 100 N. Y. 503; Dying declarations. People v. Corey, 157 N. Y. 322; People v. Smith, 104 Reading testimony taken on previous trial. People v. Elliott, 172 N. Y. 146. See People v. Thorn, 156 N. Y. 286. 9. Second prosecution for the same crime prohibited. No person can be subjected to a second prosecution for a crime for which he has once been prosecuted, and duly convicted or acquitted. U. S. Const., 6th amendment; N. Y. Const., art. 1, § 6. Former trial. People v. Burch, 1 N. Y. St. Rep. 751; 6 N. Y. Cr. Rep. 29. See Shepherd v. People, 25 N. Y. 406; Kelly v. People, 6 Hun, 509; Guenther v. People, 24 N. Y. 100; King v. People, 5 Hun, 297; People v. Peck, 4 N. Y. Cr. Rep. 148; People v. Sculley, 3 N. Y. Cr. Rep. 344; People v. Palmer, 109 N. Y. 413; Hartung v. People, 26 N. Y. 167; People v. Reagle, 60 Barb. 527; People v. Cignarale, 110 N. Y. 23; People v. Dowling, 84 N. Y. 478; People v. Seeley, 3 N. Y. Cr. Rep. 225; 37 Hun, 190; People v. Shields, 34 Misc. 256. § 10. No person to be a witness against himself, in a criminal action, or to be unnecessarily restrained. No person can be compelled in a criminal action to be a witness against himself, nor can a person charged with crime be subjected, before conviction, to any more restraint than is necessary for his detention to answer the charge. See § 393, post; U. S. Const., 5th Amendment; N. Y. Const., art. 1, § 6: People ex rel. Taylor v. Forbes, 143 N. Y. 219; People v. Willia. 23 Misc. 568; People v. Hackley, 24 N. Y. 74; Connors v. People, 50 N. Y. 240; People v. Mondon, 103 N. Y. 211; Brandon v. People, 42 N. Y. 265; People v. Brown, 72 N. Y. 571; People v. Crapo, 76 N. Y. 288; People v. Courtney, 94 N. Y. 490; 1 N. Y. Cr. Rep. 573; People v. Sharp, 107 N. Y. 427. PART I. OF THE COURTS HAVING ORIGINAL JURISDICTION IN CRIMINAL ACTIONS. Title 1. Of the courts of original criminal jurisdiction in general. III. Of the supreme court. V. Of the courts of sessions and county courts. VI. Of the courts of special sessions and police courts. TITLE I. Of the Courts of Original Criminal Jurisdiction in General. 11. Of the courts of original criminal jurisdiction. The following are the courts of justice in this state having original jurisdiction of criminal actions: 1. The court for the trial of impeachments; 2. The supreme court; 3. The county courts in counties other than New York; 4. The city courts of Utica and Oswego; 5. The mayor's court of the city of Hudson; 6. The court of general sessions in the city and county of New York; 7. The courts of special sessions; 8. The police courts. The courts of special sessions and police courts are deemed inferior courts* of record, within the section of the constitution which provides for the removal of justices of the peace and judges, or justices of inferior courts not of record, and their clerks, by such county, city or state courts as are designated by law; but for no other purpose. Am'd by L. 1895, ch. 880. See N. Y. Const., art. 6. Justice of peace. People ex rel. Kenney v. Cornell, 6 Misc. 568. Police justice. Coulter v. Murray, 15 Abb. N. S. 129; Wenzler v. People, 58 N. Y. 516. § 11a. Probation officer; appointment and duties. 1. The justices of the courts having original jurisdiction of criminal actions in the state, shall from time to time appoint a person or persons to perform the duties of probation officer or officers as hereinafter described, within the jurisdiction and under the direction of said court or justice, to hold such office during the pleasure of the court or justice making such appointment. Such probation officer or officers may be chosen from among the officers of a society for the prevention of cruelty to children or of any char itable or benevolent institution, society or association now or hereafter duly incorporated under the laws of this state, or be reputable private citizens, male or female. The appointment must be made in writing and entered on the records of the court in which such appointment is made, and copies of the order of appointment must be delivered to the officer so appointed and filed with the state probation commission. Any officer or member of the police force of any city or incorporated village who may be detailed to do duty in such courts, or any constable or peace officer, may be employed as probation officer upon the order of any court or justice as herein Thus in the original. The word " not " was evidently omitted inadvertently. See Matter of Deuel, 116 App. Div. 512. |