CODE CRIMINAL PROCEDURE [Laws 1881, Chapter 442, as amended 1910.] AN ACT to Establish a Code of Criminal Procedure. PASSED June 1, 1881; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: PRELIMINARY PROVISIONS. SECTION 1. Title of the Code. 2. Divisions of the Code. 3. No person punishable but on legal conviction. 5. Criminal action defined. 6. Parties to a criminal action. 7. The party prosecuted known as defendant. 8. Rights of defendant in a criminal action. 9. Second prosecution for the same crime prohibited. 10. No person to be a witness against himself in a criminal action or to be unnecessarily restrained. 10a. Searching prisoners. 10b. Prisoners brought into court without habeas corpus. 10c. Disposition of fines imposed, etc. § 1. Title of the Code. This act shall be known as the Code of Criminal Procedure of the State of New York. This Code is divided into six parts. The first relates to the courts having original jurisdiction in criminal actions; The second relates to the prevention of crime; The third relates to the judicial proceedings for the removal of public officers by impeachment or otherwise; The fourth relates to the proceedings in criminal actions prosecuted by indictment; 1 The fifth relates to proceedings in special sessions and police courts; The sixth relates to special proceedings of a criminal nature. § 3. No person punishable but on legal conviction. No person can be punished for a crime except upon legal conviction in a court having jurisdiction thereof. Cameron v. Tribune Assn. (1890), 27 St. Rep. 912, 55 Hun 607, 7 N. Y. Supp. 739; Matter of Deuel (1906), 116 App. Div. 515, 101 N. Y. Supp. 1037. § 4. Crimes, how prosecuted. A crime must be prosecuted by indictment, except: 1. Where proceedings are had for the removal of a civil officer of the state on impeachment by the assembly for willful or corrupt misconduct in office; 2. Where proceedings are had for the removal of justice of the peace, police justices and justices of justices' courts and their clerks; 3. A crime arising in the militia when in actual service, and in the land and naval forces in time of war, or which this state may keep with the consent of congress in time of peace; 4. Such crimes as are hereinafter or in special statutes specified as cognizable by courts of special sessions and police courts. Steinert v. Sobey (1897), 14 App. Div. 507, 44 N. Y. Supp. 146; 78 St. Rep. 146; People v. Ausem (1901), 63 App. Div. 390, 71 N. Y. Supp. 601; People v. Wendell (1908), 112 N. Y. Supp, 301, 59 Misc. 357. People ex rel. Cosgriff v. Craig (1909), 129 App. Div. 851, 857, 114 N. Y. Supp. 833, Revd. 195 N. Y. 190. § 5. Criminal action defined. The proceeding, by which a party charged with a crime is accused and brought to trial and punishment, is known as a criminal action. Fairchild v. Edson (1897), 154 N. Y. 213; People ex rel. Gardiner v. Olmstead (1898), 25 Misc. 349, 55 N. Y. Supp. 472. § 6. Parties to a criminal action. A criminal action is prosecuted in the name of the people of the State of New York, as plaintiffs, against the party charged with crime. People v. Johnson (1887), 104 N. Y. 213, 5 Crim. Rep. 213; People ex rel § 7. The party prosecuted known as defendant. The party prosecuted in a criminal action is designated in this Code as the defendant. People v. Johnson (1887), 104 N. Y. 215, 5 Crim. Rep. 213. § 8. Rights of defendant in a criminal action. In a 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 testimony 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, has been taken according to the provisions of section two hundred and nineteen of this Code, 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. People v. Fish (1891), 125 N. Y. 136, 34 St. Rep. 845; People v. Corey (1898), 157 N. Y. 347, 13 Crim. Rep. 384; People v. Hall (1900), 51 App. Div. 60, 64 N. Y. Supp. 433; People ex rel. Devoe v. Kelly (1884), 32 Hun 539; People v. Williams (1885), 35 Hun 522, 3 Crim. Rep. 63; People v. Palmer (1887), 43 Hun 401, 5 Crim. Rep. 111, aff'd 109 N. Y. 413; Thorp v. Munro (1888), 47 Hun 251; People v. Hildebrandt (1896), 16 Misc. 197, 38 N. Y. Supp. 958; People v. Davis (1892), 46 St. Rep. 215, 19 N. Y. Supp. 781; Matter of Buffalo, N. Y. & Erie R. R. Co. (1897), 74 St. Rep. 350, 37 N. Y. Supp. 1048; People v. Fuller (1900), 68 N. Y. Supp. 743; People v. Johnson (1887), 5 Crim. Rep. 219; People v. Hall (1898), 23 Misc. 482, 49 N. Y. Supp. 158; People v. Wolf (1905), 183 N. Y. 464, 477; People v. Elliot (1902), 172 N. Y. 146, 148; People v. Harber (1905), 100 App. Div. 317, 91 N. Y. Supp. 571; People v. Connolly (1903), 88 App. Div. 306, 84 N. Y. Supp. 617; Vogel v. American Bridge Co. (1903), 88 App. Div. 68, 84 N. Y. Supp. 799; People v. Dundon (1906), 113 App. Div. 370, 98 N. Y. Supp. 1048; People v. Gilhooley (1905), 108 App. Div. 234, 237, 95 N. Y. Supp. 636; People v. Bromwich (1909), 135 App. Div. 67. § 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. (1894), 9 Crim. Rep. 31; People v. Shields, (1901), 34 Misc. 257, 69 N. Y. Supp. 620; People v. Smith (1902), 172 N. Y. 210, 227; People v. Fishman (1909), 64 Misc. 256, 119 N. Y. Supp. 89. § 10. No person to be a witness against himself in a criminal action or to be 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. People ex rel. Taylor v. Forbes (1895) 143 N. Y. 219, rev'g 77 Hun 612; Matter of Taylor (1894), 60 St. Rep. 144, 8 Misc. 170, 28 N. Y. Supp. 500; People v. Fish, (1891), 8 Crim. Rep. 138; Matter of Attorney-General (1897), 21 Misc. 109, 47 N. Y. Supp. 20; People v. Willis (1898), 23 Misc. 573, 52 N. Y. Supp. 808; People v. Mondon (1886), 103 N. Y. 220, 57 Amer. Rep. 709, rev'g 38 Hun 198, 4 N. Y. Cr. 123; Matter of Kaffenburgh (1907), 188 N. Y. 52; People v. Gillette, (1908), 126 App. Div. 665; People v. Cahill (1908), 126 App. Div. 391; People ex rel. Lewisohn v. O'Brien (1903), 81 App. Div. 60, 80 N. Y. Supp. 816. § 10-a. Searching prisoners. Any magistrate who shall commit any person, charged with any offense, to prison, or by whom any vagrant or disorderly person shall be committed, may cause such person to be searched for the purpose of discovering any property he may have; and if any property be found, the same may be taken and applied to the support of such person while in confinement. (Added by L. 1909, ch. 66, 1. In effect Feb. 17, 1909.) Derivation: 2 R. S. 746, § 29. § 10-b. Prisoners brought into court without habeas corpus. When it shall be necessary for any purpose, to bring any prisoner confined in a county jail, before the supreme court, a county court or a court of general sessions, which may be sitting in such county, such court may by order, and without issuing any writ of habeas corpus, or other process, direct such prisoner to be brought before them accordingly. (Added by L. 1909, ch. 66, § 1. In effect Feb. 17, 1909.) Derivation: 2 R. S. 748, § 39. § 10-c. Disposition of fines imposed for violation of laws relating to the game of policy. |