Imágenes de páginas
PDF
EPUB

§ 734. Form of commitment. The commitment must be signed by the magistrate, by his name of office, and must be in substantially the following form: "The sheriff of the county of is required to receive and detain A. B., who stands charged before me for [designating the offense, generally], to answer the charge before a court of special sessions in the town [cr city] of [as the case may be].

[merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][ocr errors][ocr errors][merged small]

§735. By whom executed.-When committed, the defendant must be delivered to the custody of the proper officer, by any peace officer in the county to whom the magistrate may deliver the commitment.

§ 736. Defendant may be admitted to bail.-Either before or after his committal, or upon being committed, the defendant must, if he require it, be admitted to bail.

§ 737. Bail, how and by whom taken.-The bail must be taken by the magistrate, by a written undertaking, executed by the defendant, with one or more sufficient sureties approved by the magistrate, in a sum not exceeding two hundred dollars.

§ 738. Form of the undertaking. The undertaking must be in substantially the following form:

"A. B., having been duly charged before C. D., a justice of the peace in the town [or city] of [as the case may be], with the offense of [designating the offense generally].

"We undertake jointly and severally, that he shall appear thereon from time to time, until judgment, at a court of special sessions in the town or village [or city] of [as the case may be] competent to try the case,

or that we will pay to the county of

[naming the

county in which the court is held], the sum of dollars," [inserting the sum fixed by the magistrate.] "Dated at the town [or city] of

may be].

[ocr errors]

[as the case

§ 739. Undertaking, when forfeited, and action thereon. If the defendant fail to appear according to the undertaking, the court, unless a sufficient excuse be shown, must declare the undertaking of bail forfeited, and the county treasurer must immediately commence an action for the recovery of the sum mentioned therein, in the name of the county.

§ 740. Forfeiture, how and by whom remitted.— The county court of the county, or in the city of New York, the court of common pleas of that city, may remit the forfeiture or any part thereof, in the cases and in the manner provided in the Code of Civil Procedure.

Code Civ. Proc., §§ 350-353, 286, 294.

TITLE II.

Of the Proceedings in the Court of Special Sessions in the City and County of New York.

Sec. 741. Police courts in New York, to proceed as prescribed in last title, except as provided in next seven sections.

[ocr errors]

742. In what cases to proceed to trial.

743. If jury demanded, magistrate to proceed to examin

ation of charge.

744. Trial to be before the court, without a jury.

745. Clerk to issue subpoenas, sign certificate of judgment, and enter proceedings of court and sentences upon convictions.

746. Fines before committal, to be paid to clerk.

His ac

counts, when and to whom rendered. 747. All other fines to be paid to sheriff. His account thereof, when and to whom rendered.

748. No transcript of conviction to be filed. Certified copy of minutes, conclusive evidence.

$741. Police courts in New York.-The court of special sessions, in the city and county of New York,

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.

§ 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

cases:

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. - Subpoenas 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.

§ 748. No transcript of conviction. Certified copy 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

appeal.

750. Appeal, for what causes allowed.

751. Appeal, how taken.

752. How allowed.

753. Discharge of defendant from custody, upon undertaking.

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.

SEC. 762. If brought to hearing by defendant, appeal must be 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 aflirmance.

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 sessions.

770. On judgment of court of sessions, defendaut 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 magistrate, 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 appealing, the defendant, 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.

« AnteriorContinuar »