The Code of Criminal Procedure of the State of New York

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Contents

Of the court for the trial of impeachments 1214
12
Of the courts of oyer and terminer 1419
14
Of the courts of sessions 1928
19
CHAPTER III
25
Of the city courts 2933
29
Of the police courts 3335
33
PART II
36
Police in cities and villages and their attendance at exposed
37
TITLE II
39
CHAPTER IV
44
PART III
52
Of the Time of commencing Criminal Actions 6768
67
Person complained of when to be discharged
69
CHAPTER III
76
CHAPTER V
82
ing him to answer 83 103
83
time examinationto proceed
87
On adjournment defendant to he committed or discharged on deposit of money
88
Examination of witnesses to be in presence of defendant and witnesses to be crossexamined in his behalf
89
How reduced towriting and how authenticated
93
Witnesses to be kept apart
94
Testimony how taken and authenticated
95
Depositions and statement how and by whom kept
96
Defendant entitled to copies of depositions and statement
97
Defendant when and how to be discharged
98
When and how to be committed
99
Certificate of bail being taken
100
Undertaking of witnesses to appear when and how taken
101
Infants and married women may be required to give se curity for appearance as witnesses
102
TITLE IV
104
Formation of the grand jury 105115
105
Powers and duties of the grand jury 115133
115
Presentment and proceedings thereon 133139
133
TITLE V
137
Forms of pleading heretofore existing abolished
149
Arraignment of the defendant 157162
157
CHAPTER IV
163
Demurrer 166169
166
TITLE VI
176
CHAPTER III
183
sent unless placed on the calendar
184
Defendant to have four days after plea to prepare for trial if he require it
185
CHAPTER IV
186
charged unless otherwise specially ordered
187
CHAPTER V
188
their challenges
189
If sufficiency of the facts be denied adverse party may except Exception how made and tried
190
New trial defined
251
CHAPTER II
262
Of appeals 270283
270
Judgment upon appeal 281283
281
ARTICLE II
293
Bail upon an appeal
305
bail
306
Indictment for compounding a felony though the person
312
Compelling the attendance of witnesses 315321
315
Evamination of witnesses on commission 326334
326
CHAPTER V
335
CHAPTER IX
346
CHAPTER XI
350
Publication of notice
354
of state
356
PART V
357
Charge to be read to defendant and he required to plead
358
Defendant may demand a trial by jury
359
Summoning the jury and returning the list
360
Drawing the jury
361
Punishing officer for not returning list and issuing new order for jury
362
Jury may decide in court or retire Oath of officer on their retirement
363
Judgment on conviction
364
Judgment against prosecutor for costs
365
Certificate when filed
367
TITLE III
375
Appeal the i deemed taken
379
Return when and how made
380
Service of return on district attorney and consequences of failure
381
Order upon judgment of reversal
382
PART IV
383
Of search warrants 391400
391
If grounds for warrant controverted magistrate to take
399
CRIM CODE
401
CHAPTER I
404
Of proceedings respecting persons held to labor or service in a state or territory of the United States and escaping into this State 410116
410
Application for warrant to whom made
411
Of proceedings respecting bastards 416 437
416
CHAPTER II
427
Of proceedings respectiag vagrants 438443
438
Of proceedings respecting disorderly persons 443450
443
Of proceedings respecting the support of poor persons 451
451
If testimony show higher offenc than that charged
457
Of criminal statistics 463466
463
Miscellaneous provisions
466
GENERAL PROVISIONS AND DEFINITIONS APPLI
470

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Page 245 - A motion in arrest of judgment is an application on the part of the defendant that no judgment be rendered on a plea or verdict of guilty, or on a verdict against the defendant, on a plea of a former conviction or acquittal.
Page 229 - If the jury persist in finding an informal verdict, from which, however, it can be clearly understood that their intention is to find in favor of the defendant upon the issue, it must be entered in the terms in which it is found, and the court must give judgment of acquittal. But no judgment of conviction can be given unless the jury expressly find against the defendant upon the issue, or judgment is given against him on a special verdict.
Page 210 - A defendant in a criminal action is presumed to be innocent until the contrary is proved, and in case of a reasonable doubt whether his guilt is satisfactorily shown, he is entitled to an acquittal...
Page 7 - ... 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, the deposition of such 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 within the state...
Page 463 - person" includes a corporation, as well as a natural person. 956. Definition of " writing."— The term "writing" includes printing. 958. Definition of "signature." — The term "signature " includes a mark, when the person cannot write ; his name being written near it, and the mark being witnessed by a person who writes his own name as a witness, except to an affidavit or deposition, or a paper executed before a judicial officer; in which case the attestation of the officer is sufficient....
Page 346 - Upon conviction for treason, he shall have power to suspend the execution of the sentence, until the case shall be reported to the Legislature at its next meeting, when the Legislature shall either pardon or commute the sentence, direct the execution of the sentence, or grant a further reprieve.
Page 386 - The affidavits or depositions must set forth the facts tending to establish the grounds of the application or probable cause for believing that they exist. SEC. 6. If the judge or commissioner is thereupon satisfied of the existence of the grounds of the application or that there Is probable cause to believe their existence, he must...
Page 80 - ... 1. For a public offense committed or attempted in his presence. 2. When a person arrested has committed a felony, although not in his presence. 3. When a felony has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it.
Page 390 - The officer must forthwith return the warrant to the magistrate, and deliver to him a written inventory of the property taken, made publicly or in the presence of the person from whose possession it was taken and of the applicant for the warrant, if they are present, verified by the affidavit of the officer at the foot of the inventory, and taken before the...
Page 71 - The judge or commissioner must, before issuing the warrant, examine on oath the complainant and any witness he may produce, and require their affidavits or take their depositions in writing and cause them to be subscribed by the parties making them.

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