« AnteriorContinuar »
SEC. 480. Arraignment of defendant for judgment.
481. What cause may be shown against the judgment.
aggravation or mitigation of punishment. 484. Judgment to pay fine.
483. The Judgment roll. § 471. Time for pronouncing judgment, to be appointed by the court.--After a plea or verdict of guilty, or after a verdict against the defendant on a plea of a former conviction or acquital, if the judgment be not arrested, or a new trial granted, the court must appoint a time for pronouncing judgment.
§ 472. Id.—The time appointed must be at least two days after the verdict, if the court intend to remain in session so long, or if not, as remote a time as can reasonably be allowed; but any delay may be waived by the defendant.
§ 473. Appearance. For the purpose of judgment, if the conviction be for a felony, the defendant must be personally present; if it be for a misdemeanor, judgment may be pronounced in his absence.
$ 474. Defendant in custody, to be brought before the court.—When the defendant is in custody, the court may direct the officer in whose custody he is, to bring him before it for judgment; and the officer must do so accordingly.
$ 475. When on bail.-If the defendant have been discharged on bail, or have deposited money instead thereof, and do not appear for judgment, when his personal attendance is necessary, the court, in addition to the forfeiture of the undertaking of bail or of the money deposited, may direct the clerk to issue a bench warrant for his arrest.
$ 476. Bench warrant to issue.—The clerk, on the application of the district attorney, may accordingly, at any time after the order, whether the court be sitting or not, issue a bench warrant into one or more counties.
$ 477. Form of bench warrant.-- The bench warrant must be substantially in the following form : “County of Albany, (or as the case may be.] “In the name of the people of the State of New York
“ To any sheriff, constable, marshal
policeman in this state. A. B. having been [SEAL.] on the
18 duly convicted in the court of sessions of the county of Albany (or as the case may be), of the
crime of (designating it generally.] “You are therefore commanded, forth with to arrest the above named A. B., and bring him before that court for judgment; or if the court have adjourned for the term, you are to deliver him into the custody of the sheriff of the county of Albany, (or as the case may be, or in the city and county of New York “to the keeper of the city prison of the city of New York."]
City of Albany, (or as the case may be) the day of
18 “ By order of the court.
“ E. F., clerk."
§ 478. Service of the bench warrant.- The bench warrant may be served in any county, in the same manner as a warrant of arrest; except that when served in another county it need not be indorsed by a magistrate of that county.
§ 479. Id.—Whether the bench warrant be served in the county in which it was issued, or in another county, the officer must arrest the defendant and bring him before the court, or commit him to the officer mentioned in the warrant, according to the command thereor.
§ 480. Arraignment for judgment. When the defendant appears for judgment, he must be asked by the clerk whether he have any legal cause to show, why judgment should not be pronounced against him.
In capital cases this must appear upon the record. Graham v. Peo., 63 Barb., 468 ; 6 Lans., 119; see Messner v Peo., 45 N. Y., 1; Hilderbrand v. Peo.,1 Hun, 19; aff'd 56 N. Y., 394.
§ 481. What may be shown against the judgment. - He may show for cause, against the judgment,
1. That he is insane; and if, in the opinion of the court, there bé reasonable ground for believing him to be insane, the question of his insanity must be tried as provided by this Code. If, upon the trial of that question, it is found that he is sane, judgment must be pronounced ; but if found insane, he must be committed to the state lunatic asylum until he becomes sane; and when notice is given of that fact, he must be brought before the court for judgment;
2. That he has good cause to offer, either in arrest of judgment, or for a new trial; in which case the court may, in its discretion, order the judgment to be deferred, and proceed to decide upon the motion in arrest of judgment or for a new trial.
§ 482. Judgment.— If no sufficient cause be alleged, or appear to the court, why judgment should not be pronounced, it must thereupon be rendered.
On a plea of guilty, court may give a general judgment appli. cable to any count. Polinsky v. Peo., 11 Hun, 390 ; 73 N. Y., 65. Court may suspend judgment. Peo. v. Graves, 2 N. Y. Cr., 123; Peo. v. Morisette, 20 How. Pr., 118.
§ 483. Inquiry into circumstances touching punishment. — After a plea or verdict of guilty, in a case where a discretion is conferred upon the court as to the extent of the punishment, the court, upon the suggestion of either party, that there are circumstances, which may be properly taken into view, either in aggravation or mitigation of the punishment, may, in its discretion, hear the same summarily at a specified time, and upon such notice to the adverse party as it may direct.
§ 484. Judgment to pay fine.- A judgment that the defendant pay a fine may also direct that he be imprisoned until the fine be satisfied, specifying the extent of the imprisonment; which cannot exceed one day for every one dollar of the fine.
§ 485. The judgment roll - When judgment upon a conviction is rendered, the clerk must enter the same upon the minutes, stating briefly the offense for which the conviction has been had; and must, upon the service upon him of notice of appeal, immediately annex together and file the following papers, which constitute the judgment roll:
1. A copy of the minutes of a challenge interposed by the defendant to'a grand juror, and the proceedings and decision thereon ;
2. The indictment, and a copy of the minutes of the plea or demurrer;
3. A copy of the minutes of a challenge, which may have been interposed to the panel of the trial jury, or to a juror, who participated in the verdict, and the proceedings and decision thereon;
4. A copy of the minutes of the trial ;
6. A copy of the minutes of any proceeding upon a motion either to set aside the indictment, for a new trial or in arrest of judgment. [Am'd ch. 520 of 1885.]
7. The bill of exceptions, if there be one.
Not to contain names or testimony of witnesses. Peo., etc., v. Nelson, 16 Hun, 214. Sub. 1. Peo. v. Petmecky, 2 N. Y. Cr., 450.
THE EXECUTION. SEC. 486. Authority for the execution of a judgment, except if
§ 486. Authority for the execution of a judgment. When a judgment, except of death, has been pronounced, a certified copy of the entry thereof upon the minutes must be forthwith furnished to the officer whose duty it is to execute the judgment; and no other warrant or authority is necessary to justify or require its execution.
Peo. v. Kelly, 2 N. Y. Cr., 428. § 487. Commitment of defendant. — If the judgment be imprisonment, or a fine and imprisonment until it be paid, the defendant must forthwith be committed to the custody of the proper officer, and by him detained, until the judgment be complied with.
Imprisonment before sentence does not apply. Peo. v. Warden, etc., 66 N. Y., 342. Misdemeanors. Peo. v. Lincoln, 25 Hun, 306, overruling Peo. v. McEwen, 62 How. Pr.. 226.
§ 488. Judgment of imprisonment, by whom and how executed. When the judgment is imprisonment in a county jail, or a fine and that the defendant be imprisoned til it be paių, the judgment must be executed by the sheriff of the county. In all other cases, when the sentence is imprisonment, the sheriff of the county must deliver the defendant to the proper officer, in execution of the judgment.
The judgment, not the mittimus, holds prisoner. 89 N. Y., 460; 2 N. Y. Cr., 307.
§ 489. Duty of sheriff. -- If the judgment be imprisonment, except in a county jail, the sheriff must deliver a copy of the entry of the judgment upon the minutes of the court, together with the body of the defendant, to the keeper of the prison, in which the defendant is to be imprisoned.
§ 490, Sheriff may require aid. — The sheriff or his deputy, while conveying the defendant to the proper prison, in execution of a judgment of imprisonment, has The same authority to require the assistance of any citizen of this state, in securing the defendant, and in retaking him if he escape, as if the sheriff were in his own county; and every person who refuses or neglects to assist the sheriff, when so required, is punishable, as if the sheriff were in his own county.
TITLE X. General Provisions in Relation to the Punishment of
CHAPTER. I. The death penalty.
II. Second offenses, habitual criminals, and special
THE DEATH PENALTY.
SEC. 491. Warrant for execution of convict.
492. Time of execution.