CHAPTER XIII. Reprieves, Commutations and Pardons. Sec. 692. Power of governor to grant reprieves, commutations and pardons. 693. His power, in respect to convictions for treason. lature, in such cases. Duty of the legis 694, Governor to communicate annually to legislature, reprieves, commutations and pardons. 695. Report of case, how, and from whom required. 696, 697, 698. Conditional pardons; procedure on violation of. § 692. Power of governor to grant reprieves,commutations and pardons. The governor has power to grant reprieves, commutations and pardons, after conviction, for all offenses, except treason and cases of impeachment, upon such conditions, and with such restrictions and limitations, as he may think proper, subject to the regulations provided in this chapter. Pardon does not prevent proceedings for disbarment. In the Matter of an Attorney, 86 N. Y. 563. Pardon may be alleged in opposition to a conviction. In re Francis B. Edymoin, 8 How. Pr. Rep. 478. Conditional pardon. People v. Potter, 1 Parker, 47. Pardon from imprisonment only. People v. Pease, 3 John. Cas. 333. § 693. His power, in respect to convictions for treason. Duty of the legislature, in such cases. He may also suspend the execution of the sentence, upon a conviction for treason, until the case can be reported to the legislature, at its next meeting, when the legislature must either pardon or commute the sentence, direct the execution thereof, or grant a further reprieve. § 694. Governor to communicate annually to legislature, reprieves, commutations and pardons. He must annually communicate to the legislature, each case of reprieve, commutation or pardon; stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the commutation, pardon or reprieve. § 695. Report of case, how and from whom required. When application is made to the governor for a pardon, commutation or reprieve, it shall be the duty of the presiding judge of the court before which the conviction was had, and the district attorney by whom the criminal action was prosecuted, or the district attorney of the county where the conviction was had, holding office at the time of such application, to supply the governor, upon his request therefor, and without delay, with a statement of the facts proved on the trial; or, if a trial was not had, the facts appearing before the grand jury which found the indictment, and of any other facts having reference to the pro priety of granting or refusing such pardon, commutation or reprieve. Am'd L. 1884, ch. 356. See Tompkins v. Mayor, 14 App. Div. 536. § 696. Conditional pardon; procedure on violation of. If any person who has been discharged from imprisonment, by virtue of any conditional pardon, or conditional commutation of his sentence, shall violate such condition or neglect to perform it, his pardon or commutation shall be void and he shall be remanded to the place of his former imprisonment and there confined for the unexpired term for which he had been sentenced. When complaint, upon oath, shall be made to a magistrate, that any such person, within his county, has violated or failed to perform the condition of his pardon or commutation, the magistrate shall issue a warrant as provided in chapter two, title three, part four of this act. When the defendant shall have been brought before him, the magistrate, if there is then sitting in his county, any of the courts mentioned in titles three or five of part one of this act, shall remit to it the complaint and deposition, if any, that have been taken before him. If no such court is then in session the magistrate shall proceed to examination of the defendant, in the manner prescribed in chapter seven, title three, part four of this act, and shall either discharge him or shall hold him to answer the charge against him at the next term of such court to be held in the county, and the defendant shall either give bail so to appear and answer, or shall be committed as prescribed in said chapter seven. The warrant may also be issued by any of the courts mentioned in this section upon the like complaint as if application is made to a magistrate. Repealed by L. 1882, ch. 360. Added by L. 1894, ch. 392, and am'd L. 1895, ch. 880. § 697. Id. When the defendant shall be brought before the court it shall, forthwith, make an order that the defendant show cause why his pardon or commutation should not be adjudged to be void, and he should not be remanded to the place of his former imprisonment for the unexpired term of his sentence. The order shall set forth the facts which constitute the violation of or the neglect to perform the condition of the pardon or commutation. The defendant shall plead to said order in writing. If he admit the facts the court shall at once proceed to pronounce judgment. If the defendant shall deny any material fact, the issue so joined shall be tried by a jury. Upon such trial the people and the defendant shall each be allowed five peremptory challenges, and no more. Upon the return of the verdict the court shall, without delay, proceed to judgment. If judgment is rendered against the defendant it shall adjudge that his pardon or commutation is void, and shall commit him to the place of imprisonment from which he had been discharged, upon his pardon or commutation, there to be confined for that portion of the term of his former sentence which had not expired, when he had been discharged by virtue of the pardon or commutation. Repealed by L. 1882, ch. 360. Added by L. 1894, ch. 392. § 698. Idem. If an issue of fact upon a material question shall be raised by the answer of the defendant, and it shall appear that the violation of, or the failure to perform the condition took place in a county other than that in which the arrest was made, the court may, in its discretion, in furtherance of justice change the place of trial to such other county. The papers in the case shall be fiied with the clerk of the county to which the place of trial was changed, with the order changing the place of trial, and a copy of such order shall be sent to the district attorney of such county, and the defendant shall be committed to the custody of the sheriff of said county, or be held to bail to appear at the next term of the court in which the subsequent proceedings shall be had. All subsequent proceedings shall be had in the supreme court or county court of the county, to which the place of trial had been changed, with the same effect as if they had originally been begun in that court. Repealed by L. 1882, ch. 360. Added by L. 1894, ch. 392. ch, 880. Am'd L. 1895, 221 PART V. OF PROCEEDINGS IN COURTS OF SPECIAL SESSIONS AND POLICE Title COURTS. I. Of the proceedings in courts of special sessions in the counties other than New York. II. Of the proceedings in the court of special sessions in the city and county of New York. III. or appeals from the courts of special sessions. TITLE I. Of Proceedings in Courts of Special Sessions in the Counties other than New York. Sec. 699. Charge to be read to defendant, and he required to plead. 700. The plea, and how put in. 701. Issue, how tried. 702. Defendant may demand a trial by jury. 703. Jury, how summoned. 704. Summoning the jury, and returning the order. 705. Depositing ballots in box. 706. Drawing the jury. 707. Challenges. 708. Talesmen, when and how ordered and summoned. 709. Punishing officer for not returning list, and issuing new order for jury. 710. Jury, how constituted. 711. Their oath. 712. Trial, how conducted. 713. Jury may decide in court, or retire. Oath of officer on their retire ment. 714. Delivering verdict, and entry thereof. 715. Discharge of jury without verdict. 716. In such case, cause to be retried. 717. Judgment on conviction. 718. Judgment of imprisonment, until fine be paid. ment. 719. Defendant, on acquittal, to be discharged. pay the costs. 720. Judgment against prosecutor for costs. 723. Certificate, when filed. 724. Certificate, conclusive evidence. 725. Judgment, by whom executed. Its form. Extent of imprison Order that prosecutor 726. Fine; by whom received before commitment, and how applied. 728. Proceedings against magistrate or sheriff on neglect to pay fine to 729. Subpoenas for witnesses, and punishing them for disobedience. 730. Punishing jurors for non-attendance. 731. No fees to jurors or witnesses. 732. When defendant requests a trial by police court, preliminary exam. ination dispensed with. Sec. 733. During time allowed for bail, and until judgment, defendant to be continued in custody of officer or committed to jail. 734. Form of commitment. 735. By whom executed. 736. Defendant may be admitted to bail. 737. Bail, how and by whom taken. 738. Form of the undertaking. 739. Undertaking, when forfeited, and action thereon. 740. Forfeiture, how and by whom remitted. § 699. Charge to be read to defendant, and he required to plead. In the cases in which the courts of special sessions or police courts have jurisdiction, when the defendant is brought before the magistrate, the charge against him must be distinctly read to him, and he must be required to plead thereto. Am'd L. 1882, ch. 360. Criminal act. People ex rel. Baker v. Beatty, 39 Hun, 476; 4 N. Y. Cr. Rep. 287. Reducing charge to writing. People v. Carter, 88 Hun, 304. See People v. Trimble, 1 N. Y. Cr. Rep. 443; People ex rel. Fraser v. Auditors, 2 N. Y. Supp. 609; 17 St. Rep. 873; People v. Molinet, 18 Misc. 301; People v. Cook, 45 Hun, 34. 700. The plea, and how put in. The defendant may plead the same pleas as upon an indictment, as provided in section 332. His plea must be oral, and entered upon the minutes of the court. Criminal act. People ex rel. Baker v. Beatty, 39 Hun, 476; 4 N. Y. Cr. Rep. 287. § 701. Issue, how tried. Upon a plea other than a plea of guilty, if the defendant do not demand a trial by jury, the court must proceed to try the issue. Trial by court. People ex rel. Templeman v. Green, 4 N. Y. Cr. Rep. 442; Gill v. People, 3 Hun, 187. Failure to demand. People v. Cook, 45 Hun, 34. Jury trial. People v. Molinet, 13 Misc. 301; People v. Luczak, 10 Misc 590; People ex rel. Murray v. Justices. 74 N. Y. 406; People ex rel. Sammons v. Wandell, 21 Hun, 515; Wynehamer v. People, 13 N. Y. 378; People v. Goodwin, 5 Wend. 251; People v. Mallon, 39 How. Pr. Rep. 454. Jurisdiction. People v. Berberrich, 20 Barb. 224. § 702. Defendant may demand a trial by jury. Before the court hears any testimony upon the trial, the defendant may demand a trial by jury. Trial by court. People ex rel. Templeman v. Green, 4 N. Y. Cr. Rep. 442. Failure to demand. People v. Cook, 45 Hun, 34. Jury trial. People v. Molinet, 13 Misc. 301; People v. James, 16 Hun, 426; People ex rel. Killeen v. Baird, 11 Hun, 289. Violating ordinance. City court of Utica. People v. Van Houten, 13 Misc. 603. People v. Halwig, 41 Misc. 227. |