« AnteriorContinuar »
§ 8. Rights of defendant in a criminal action. In a clases 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 testiinony 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, who is unable to gire security for his appearance, has been taken conditionally according to sections 219 and 220, 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.
Sub. 1. See 6th Amendt. Const. U. S. Sub. 2. Art. 1, $6, N. Y. Const. See Peo. ex rel., Garlir.g v. Van Allen, 55 N. Y., 31. Sub. 3. Defendant can consent that depositions taken in his presence be read on trial. Wightman v. Peo., 67 Barb., 44. No rights before coroner. Crisfield v. Perrine, 15 Ilun, 200 ; s. C., 81 N Y.,622. Escaped prisoner can have no relief. Peo. v. Genet, 59 N. Y., 80. Due diligence. Peo. v. Murphy, 1 N. Y. Cr., 102.
$ 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.
Art. 1, $ 6, N. Y. Const. Former trial and conviction, withort judgment, sustains a plea of_autre fois convict. Shepheril v. Peo., 25 N. Y., 406. Sec Peo. v. Goodwin, 18 Johns., 200; Peo. v. Barrett, 1 id., 66 ; Id. v. Olcott, 2 ib. Cas., 301 ; Ill. v. Cramer, 5 Park., 171, Id. v. McCloskey, Ib., 57); 11. v. Saunders, 4 ib., 196, Id. v. Warren, lib., 338 ; Id. v. Allen, ib., 413; Ill. v. Van Keuren, 5 ih ,66 ; Id. v Krummer, 4 ib., 217; Id. v Townsend, 3 Hill, 479 ; Canter v Peo., 1 Álb. Dec., 305 ; Peo. V Krumer, 1 Sheld, 549; Gardiner v. Peo., 6 Park., 155 ; Peo. v. Casborus, 13 Johns., 351 ; Burns v. Peo , i Park., 182; Peo. v. Comstock, 8 Wenil., 549. Wheu former judgment reversed, new indictment may be found. Kelly v. Peo., 6. Hun, 509. See Peo. v. Ruloff, 5 Park., 77. Where wrong judgment rendered on regular conviction, cannot retry. Shepherd v. Peo., supra ; but may remit record and resentence. Hussey v. Peo., 47 Barh., 503. A verdict of conviction on one count, acqnits on all others. Guenther v. Peo., 24 N. Y., 100; Peo. v. Dowling, 23 A. L. J., 353.
§ 10. No person to be a witness against himself, or 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.
Art. 1, § 6, N. Y. Const. Defendant may be required to answer when it cannot be used against him. Perrine v. Striker, 7 Pai., 598 ; Peo. ex rel. Hackley v. Kelley, 24 N. Y., 74. How a defendant can waive this privilege. Connors v. Peo., 50 N. Y., 240.
OF THE COURTS HAVING ORIGINAL JURISDICTION IN CRIMINAL
TITLE I. OF THE COURTS OF ORIGINAL CRIMINAL JURISDIC
TION IN GENERAL.
V. OF THE COURTS OF SESSIONS.
TITLE I. Of the Courts of Original Criminal Jurisdiction in gen
eral. SEC. 11. Of the courts of original criminal jurisdiction.
§ 11. Of the courts of original criminal jurisdiction. Special sessions and police courts, when courts of record.— 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 courts of oyer and terminer;
3. The city courts of Brooklyn, Buffalo, Utica, Oswego and Hudson;
4. The courts of sessions, in counties other than New York;
5. The court of general sessions in the city and county of New York;
6. The courts of special sessions ; 7. The police courts.
The courts of special sessions and police courts are deemed inferior courts not 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.
Of the Court for the Trial of Impeachments.
13. Members of the court.
$ 12. Jurisdiction. The court for the trial of impeachments has power to try impeachments, when presented by the assembly, of all civil officers of the state, except justices of the peace, justices of justices' courts, police justices, and their clerks, for willful and corrupt mis conduct in office.
Art. 6, § 1, N. Y. Const.
§ 13. Members of the court. The court is composed of the president of the senate, the senators, or a majority of them, and the judges of the court of appeals, or a majority of them, but on the trial of an impeachment against the governor, the lieutenant-governor cannot act as a member of the court.
Art 6, ģ1, N. Y. Const.
8.14. Presiding judge. The president of the senate, or in case of his impeachment, death or absence, the chief judge of the court of appeals, or in the absence of both, such other member as the court may elect, is the presiding judge of the court.
§ 15. Clerks and officers.—The clerk and officers of the senate are the clerk and officers of the court for the trial of impeachments.
§ 16. Seal of the court.—The seal of the court for the trial of impeachments now deposited and recorded in
the office of the secretary of state shall continue to be the seal of this court and must be kept in the custody of the clerk of the senate.
$ 17. Time of holding court.-Upon the delivery of an impeachment from the assembly to the senate the president of the senate must cause the court to be summoned to meet at the capitol in the city of Albany, on a day not less than thirty nor more than sixty days from the day of the delivery of the articles of impeachment.
$ 18. Oath to members of court.-At the time and place appointed, and before the court proceeds to act upon the impeachment, the clerk must administer to the presiding judge, and the presiding judge to each of the members of the court then present, an oath or affirmation truly and impartially to try and determine the impeachment; and no member of the court can act or vote upon the impeachment, or any question arising thereon, without having taken this oath or affirmation.
( 19. Adjournments, etc.—The court may adjourn from time to time and hold its sessions at such places as it may determine, but no more than two sessions of the court can be held during the recess of the legislature in any one year.
$ 20. Compensation of members and officers.—The writ and process of the court must be signed by the clerk and tested in the name of the president of the senate. The president of the senate and each senator are entitled to receive for their services and expenses while actually attending the court the same rate of compensation as an associate judge of the court of appeals is entitled by law to receive for his services and expenses as such judge for the same time. The other officers of the court, excepting the judges of the court of appeals, are entitled to the same compensation for their attendance thereon, and for traveling to and from the place where it is held, as is allowed them for attending a meeting of the senate, but no such compensation shall be received for attending the court during a session of the legislature.