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must proceed upon a criminal charge in the manner prescribed in the last title, except as provided in the next seven sections, and by special statutes.

cases:

$742. When to proceed to trial.- When the court of special sessions in the city and county of New York has jurisdiction, it must proceed to the trial, in the following

1. When the defendant has requested to be tried in such court ;

2. When (having omitted for twenty-four hours to give bail, as required by the magistrate before whom he was brought, for his appearance at the next court of general sessions of the city and county of New York) a jury is not demanded by him, on being brought before the court of special sessions for trial.

§ 743. If jury demanded, magistrate to proceed to examination of charge.- If, in the case mentioned in the second subdivision of the last section, a jury be demanded, the court of special sessions must proceed to the examination of the charge, and hold the defendant to answer or discharge him, in same manner as the magistrate before whom he was originally brought might have done.

$ 744. Trial to be before court, without a jury. The trial must, in all cases, be before the court without a jury.

§ 745. Clerks' duties. — Subpænas for witnesses, and the certificate of the judgment, must be signed by the clerk of the court, who must also enter all the proceedings of the court, and the sentences upon convictions, in a book of minutes, and when necessary, certify the proceedings of the court.

§ 746. Fines before committal; clerks' accounts. Fines, imposed by the court, must be received by the clerk, if paid before committal in execution of the judg

ment. He must, every thirty days, render to the comptroller of the city, accounts of the fines imposed and received by him, and of the expenses attending the court.

§ 747. Other fines. Sheriff's accounts.-All fines, not paid to the clerk, as provided in the last section, must be received by the sheriff of the city and county of New York; who must, within thirty days thereafter, pay them to the comptroller of the city, in the same manner as he is required to pay fines imposed by the court of general sessions of the city and county of New York, and received by him.

Certified copy

§ 748. No transcript of conviction. of minutes, conclusive.- No transcript of a conviction, had in a court of special sessions in the city and county of New York, need be certified or filed; but a copy of the minutes of the conviction, certified by the clerk, is conclusive evidence of the facts contained therein.

TITLE III.

Of Appeals from Courts of Special Sessions. SEC. 749. Judgment of special sessions, reviewable only upon SEC. 762. If brought to hearing by defendant, appeal must be

appeal. 750. Appeal, for what causes allowed. 751. Appeal, how taken. 752. How allowed. 753. Discharge of defendant from custody, upon under

taking: 754. Undertaking, when and with whom filed. 755. Delivery of affidavit, and allowance of appeal, to

magistrate or clerk of police court, within five days

after allowance. 756. Return, when and how made. 757. Compelling return. 758. Ordering and compelling further or amended return. 759. Appeal, by whom and how brought to argument. 760. If not brought to argument, as provided in last sec

tion, to be dismissed, unless continued for cause

shown. 761. Service of return on district attorney, and conse

quences of failure.

argued, though no one oppose, etc.
763. Appeal to be heard on original return.
764. What judgment may be rendered.
765. Judgment to be entered on the minutes.
766. Order upon judgment for afirmance.
767. Order upon judgment of reversal.
768. If new trial ordered, to be had in court of sessions.

Proceedings thereon.
769. Proceedings to carry judgment upon appeal into ef-

fect, to be had in court of sessionis.
770. On judgment of court of sessions, defendant may ap-

peal to supreme court. His admission to bail.
771. Judgment of supreme court upon appeal, final.
772. Proceedings to carry into effect judgment of supreme

court.
§ 749. Judgment of special sessions, etc., reviewable
only by appeal.-A judgment upon conviction rendered
by a court of special sessions, police court, police magis-
trate, or justice of the peace, in any criminal action or
proceedings or special proceeding of a criminal nature,
may be reviewed by the court of sessions of the county,
upon an appeal as prescribed by this title, and not
otherwise. And any appeal heretofore taken and allowed
from a judgment of any police court or police magistrate
in the manner that appeals are directed to be taken and
allowed by this title, and now pending undetermined in
any court of this state, are hereby declared to be legal and
valid, and of the same force and effect as if taken after
the passage of this act. {Am'd ch. 372 of 1884.]

1 N. Y. Cr., 445 ; Peo. v. Norton, 2 id., 322. § 750. Appeal, for what causes allowed.-An appeal may be allowed for an erroneous decision or determination of law or fact upon the trial.

§ 751. Appeal, how taken.- For the purpose of ap-li.) pealing, the lefendant, or some one on his behalf, must, within ten days after the judgment, make an affidavit, stating the fact showing the alleged errors in the proceedings or conviction complained of, and must, within that time, present it to the county judge or a judge of the supreme court, or in the city and county of New York, to the recorder or city judge or judge of general sessions of that city, and may apply thereon for the allowance of the appeal.

$ 752. How allowed.- If, in the opinion of the judge, it is proper that the question arising on the appeal should be decided by the court of sessions, he must indorse on the affidavit an allowance of the appeal to that court.

$ 753. Discharge of defendant from custody, upon undertaking, -Upon allowing the appeal, the judge may take from the defendant, a written undertaking, with such sureties as he may approve, that the defendant will abide the judgment of the court of sessions upon the appeal; and may thereupon order that he be discharged from imprisoninent, on service of the order upon the officer having him in custody, or if he be not in custody, that all proceedings on the judgment be stayed.

$ 754. Filing undertaking.– The undertaking upon the appeal must be immediately filed with the clerk of the court of sessions.

755. Delivery of affidavit, and allowance of appeal. - The affidavit and allowance of the appeal must be delivered to the magistrate who tried the action, or, if in the city and county of New York, to the clerk of the court of special sessions, within five days after the allowance of the appeal ; and when so delivered, the appeal is deemed taken.

§ 756. Return, when and how made.-The magistrate or court rendering the judgment, must make a return to all the matters stated in the affidavit, and must cause the affidavit and return to be filed in the office of the clerk of the court of sessions, within ten days after the service of the affidavit and allowance of the appeal.

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§ 757. Compelling return.-If the return be not made within the time prescribed in the last section, the court of sessions, or the presiding judge thereof, may order that a return be made within a specified time which may be deemed reasonable ; and the court may, by attachment, compel a compliance with the order.

$ 758. Ordering amended return.-If the return be defective, a further or amended return may be ordered, and the order may be enforced in the manner provided in the last section.

$ 759. Appeal, by whom and how brought to argument.— When the return is made, the appeal may be brought to argument by the defendant, on any day in term, upon a notice of not less than five days before the term, to the district attorney of the county.

§ 760. If not brought to argument, to be dismissed, unless continued.-If the defendant omit to bring the appeal to argument, as provided in the last section, the court must dismiss it, unless it continue the same, by special order, for cause shown.

§ 761. Service of return on district attorney, and consequences of failure.— The defendant must serve upon the district attorney, a copy of the return, with or before the notice of argument. If he fail to do so, the appeal must be dismissed, upon proof of the failure, unless the court otherwise direct.

§ 762. When appeal must be argued.-If the appeal be brought to hearing by the defendant, it must be argued, though no one appear to oppose; but if brought on by the district attorney, he may take judgment of affirmance, unless the defendant appear to argue the appeal.

§ 763. Appeal to be heard on original return. The appeal must be heard upon the original return; and no copy thereof need be furnished for the use of the court.

§ 764. What judgment may be rendered. After hearing the appeal, the court must give judgment, without regard to technical errors or defects, which have not prejudiced the substantial rights of the defendants, and may render the judgment which the court below should have rendered, or may, according to the justice of the case, affirm or reverse the judgment in whole or in part, as to all or any of the defendants, if there be more than one, or may order a new trial, or may modify the sentence.

$ 765. Judgment to be entered on the minutes.When judgment is given upon the appeal, it must be entered upon the minutes.

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