TITLE IV.

OF THE CITY COURTS.

CHAPTER I. The city courts.

II. General provisions relating to city courts.

The city courts having original criminal jurisdiction, are the recorder's court of Utica, the recorder's court of Oswego, and the mayor's court of Hudson. Their jurisdiction in criminal matters is defined by special statutes, and continues as thus defined. (Amended by L. 1895, ch. 880.)

§ 32. By whom held.

These courts for the exercise of their criminal jurisdiction must be held by the following officers:

1. The city courts of Utica and Oswego by the recorders of those cities respectively;

2. The mayor's court of Hudson, by the mayor of that city.

CHAPTER II.

GENERAL PROVISIONS RELATING TO CITY COURTS.

SECTION 33. Indictments for offenses punishable with death to be sent to the supreme court.

34. Indictments for crime not punishable by death.

35. Indictments, when to be sent to city court.

36. Court continued beyond terms.

§ 33. Indictments for offenses punishable with death to be sent to the supreme court.

When an indictment is found at a city court for a crime punishable with death, the court may send it to the next trial term of the supreme court held in the county. (Amended by L. 1895, ch. 880.)

§ 34. Indictments for crime not punishable by death.

A city court may also send an indictment found therein and remaining undetermined for a crime not punishable with death to the next trial term of the supreme court of the same county, to be determined according to law. But that court, if, in its opinion, the same is not proper to be tried therein, may remit it back to the court by which it was sent, which must proceed thereon as if it had remained there. (Amended by L. 1895, ch. 880.)

§ 35. Indictments, when to be sent to city court.

When an indictment is found in the supreme court in a county embracing any of the cities in which a city court having original criminal jurisdiction is established, for an offense committed in that city, the court in which it was found may send it to the next city court in which it is triable, which must proceed to try and determine the indictment as if it had been found therein. (Amended by L. 1895, ch. 880.)

§ 36. Court continued beyond terms.

If the trial of a cause be commenced before the expiration of the term of a city court the court may be continued beyond the term, to the completion of the trial and the rendering of judgment on the verdict.

TITLE V.

OF THE COUNTY COURTS.

CHAPTER II. The County Courts in counties other than New York.

88 37-38.

III. The Court of General Sessions of the city and county of New York.

(Repealed by L. 1895, ch. 880.)

CHAPTER II.

THE COUNTY COURTS IN COUNTIES OTHER THAN NEW YORK.

SECTION 39. Jurisdiction.

*40. Indictments to be sent, etc.

41. Other indictments, etc.

42. By whom held.

44. Idem.

45. When and where held; juries.

46. Jurors, how drawn.

48. Writ or process.

§ 39. Jurisdiction.

The county courts embraced in this chapter have jurisdiction:

1. To inquire by the intervention of a grand jury of all crimes committed or triable in the county; but in respect of such minor crimes, as courts of special sessions or police courts have exclusive jurisdiction to hear and determine, in the first instance, the jurisdiction of the county court attaches only after the certificate mentioned in section fifty-seven of this code.

2. To try and determine indictments found therein or sent thereto by the supreme court or by a city court in the county for crimes not punishable with death; and the county courts of Albany, Onondaga, Rensselaer, Ulster, Kings, Queens, Bronx, Nassau and Richmond counties shall also have jurisdiction to try and determine all such indictments, including those for crimes punishable with death. (Subd. amended by L. 1910, ch. 588; L. 1913, ch. 428; L. 1914, ch. 18; L. 1916, ch. 51; L. 1919, chs. 10 and 238, in effect Feb. 20 and Sept. 1, 1919.)

3. To hear and determine appeals from orders of justices of the peace, under the provisions of law respecting the support of bastards.

4. To examine into the circumstances of persons committed to prison as parents of bastards, and to discharge them in the cases provided by law.

*(Heading amended by L. 1882, ch. 360)

5. To try and determine complaints under the provisions of law respecting masters, apprentices and servants.

6. To review the convictions of disorderly persons actually imprisoned, and to execute the powers conferred and duties imposed by law in relation to those persons.

7. To continue or discharge recognizances, undertakings and bonds of persons bound to keep the peace or to be of good behavior and to inquire into and determine the complaints on which they were founded.

8. To compel relatives of poor persons and committees of the estates of lunatics to support such persons and lunatics in the cases and manner prescribed by law.

9. To exercise the powers conferred by law in relation to the estates of persons absconding and leaving their families chargeable to the public. 10. To let to bail persons indicted therein for any crime triable therein, as provided by law.

11. To let to bail persons committed to the prison of the county before indictment for any offense triable in the court.

12. To discharge persons who have remained in prison without indictment or trial in the cases prescribed by law.

13. To revoke licenses in the cases and mode prescribed by law.

14. To grant new trials in all cases tried therein.

15. To execute such other powers and duties as may be conferred by statute, or are now defined by special statute relating thereto. (Section amended by L. 1882, ch. 360; L. 1895, chs. 880, 889.)

References.- Definition of County Court, see § 961, post. Bastardy proceedings, see §§ 838-880, post. Proceediings respecting master, apprentices and servants, see §§ 927– 938, post. Proceedings rejecting disorderly persons, see §§ 819-913, post. Proceedings respecting the support of poor persons, see 88 914-926, post. Power to bail indicted persons, see §§ 578-582, post. Power to bail persons committed to prison before indictment, see §§ 557-577, post. Power to grant new trial, see §§ 462-468, post.

The Court of Sessions (abolished by the Constitution of 1894) was a superior court and its jurisdiction was presumed. Aldridge v. Walker (1893), 73 Hun 281, 26 N. Y. Supp. 296; Peo. v. Bradner (1887), 107 N. Y. 1, 13 N. E. 87; Peo. ex rel. Forsyth v. Court of Sessions (1894), 141 N. Y. 288, 36 N. E. 386, 23 L. R. A. 856.

The County Court may continue a term for the trial of criminal cases for the purpose of imposing sentence at a later day. Peo. ex rel. Friedman v. Hayes (1916), 172 App. Div. 442, 158 N. Y. Supp. 949.

As to postponement of criminal action till termination of pending civil action involv ing same subject, see Peo. v. Hayes (1894), 140 N. Y. 484, 35 N. E. 951, 23 L. R. A. 830, 37 Am. St. Rep. 572.

In case of assault in the third degree, a grand jury, in the first instance, is without jurisdiction to indict. Peo. v. Roberts (1915), 91 Misc. 229, 154 N. Y. Supp. 1103. Jurisdiction of past offenses.-At the time a homicide was committed the legislature had amended subdivision 2 of this section to confer upon the County Court of Albany county jurisdiction of capital offenses, but the act did not take effect until after the commission of the crime. It was held that the legislature has power to confer jurisdiction to try past offenses upon an existing court, and that the County Court of Albany county had jurisdiction. Peo. v. Green (1911), 201 N. Y. 172, 94 N. E. 658, Ann. Cas. 1912A, 884.

The Supreme Court is the ultimate judge of whether or not a case removed from the County Court should be tried by the Supreme Court or be sent back to the County Court. Peo. v. DePuy (1906), 115 App. Div. 565, 101 N. Y. Supp. 81.

Necessity for order of remission.-Where an indictment is found in the Supreme Court to give jurisdiction to the County Court to try, there must be an order remitting it to the County Court for trial. Peo. v. Bradner (1887), 107 N. Y. 1, 13 N. E. 87. Section cited.- Peo. ex rel. Crouse v. Supervisors of Fulton (1893), 70 Hun 560, 24 N. Y. Supp. 397, affd., 139 N. Y. 656, 35 N. E. 208; Peo. v. Trumble (1883), 1 N. Y. Cr. 443; Matter of Bartholomew (1905), 106 App. Div. 371, 94 N. Y. Supp. 512, 19 N. Y. Cr. 568; Matter of Barlow (1910), 141 App. Div. 640, 655, 127 N. Y. Supp. 542; Peo. v. International Nickel Co. (1914), 155 N. Y. Supp. 156, 32 N. Y. Cr. 93, affd., 168 App. Div. 245, 153 N. Y. Supp. 295; Peo. v. Wenk (1911), 71 Misc. 368, 127 N. Y. Supp. 702, 26 N. Y. Cr. 65; Peo. ex rel. Price v. Hayes (1912), 151 App. Div. 561, 136 · N. Y. Supp. 854, 28 N. Y. Cr. 74.

§ 40. Indictments to be sent, etc.

A county court must send every indictment there found for a crime rot triable therein to the supreme court, or to a city court having jurisdiction to try and determine the same. (Amended by L. 1895, ch. 880.)

A county court may send an indictment pending therein to the supreme court, to be determined according to law, and if such indictment is remitted back without trial by the supreme court the county court may proceed thereon. (Amended by L. 1895, ch. 880.)

Exercise of discretionary authority to remit back to County Court.— The district attorney having made remarks at a public function to the effect that he could not expect to obtain an impartial or fair trial of the defendant before any of the justices of this court in this district because of the personal friendship between the defendant and the justices, the court rebuked him for such remarks and remitted the indictment back to the County Court under the power vested in it by section 22 and this section. Peo. v. Grout (1914), 32 N. Y. Cr. 192, 155 N. Y. Supp. 117.

Section cited.—- Peo. v. DePuy (1906), 115 App. Div. 564, 101 N. Y. Supp. 81.

42. By whom held.

A county court must be held by the county judge, except in the county of Kings, where the county court is divided into two parts, which are to be held by the two county judges elected in and for said county respectively, and except also in the county of Erie, where the county court may be divided into two or more parts, which are to be held by the county judge of such county and by such county judge or judges from other counties as may be requested to act, or by the said judge or judges of such other counties. (Amended by L. 1895, ch. 880; L. 1920, ch. 485.)

§ 43. (Repealed by L. 1895, ch. 880.)

§ 44. Idem.

If the county judge and special county judge, if there be one in and for that county, are both of them, for any cause incapable of action in any criminal action or proceeding pending in the county court, the court must transfer the same to the supreme court or to a city court having jurisdiction of such an action or proceeding, or may request the county