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CHAPTER II. Compelling the attendance of witnesses.

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GENERAL PROVISIONS AND DEFINITIONS APPLICABLE TO

THIS CODE.

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No part of this Code retroactive, unless expressly so declared..

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THE CODE

OF

CRIMINAL PROCEDURE

OF THE

STATE OF NEW YORK.

AN ACT

To ESTABLISH A CODE OF CRIMINAL PROCEDURE.

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.

4. Crimes, how prosecuted.

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.

SECTION 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 general in its nature, purports to apply to all criminal proceedings, and was passed for the purpose of blending into one intelligent and consistent act, all the various proceedings necessary, in administering the criminal law. Fraser v. Board, etc., 17 State Rep. 875.

§ 2. Divisions of the Code. 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 prose cuted by indictment;

The fifth relates to proceedings in special sessions and police courts;

The sixth relates to special proceedings of a criminal nature. This Code has jurisdiction of every indictment found after it went into effect regardless of when the crime was committed. People v. Petrea, 92 N. Y. 128; 65 How. Pr. 59; 1 N. Y. Cr. Rep. 233.

§ 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.

See State Const., art. 1, § 1; Fed. Const., fifth amendment; Penal Code, § 9 and note; Cameron v. Tribune Ass'n, 27 State Rep. 912; 55 Hun, 607. In People, ex rel. McDonald, v. Keeler, 32 Hun, 594, the court say: "It is the very basis of liberty, that no person shall be imprisoned unless the right to imprison him has been or may be determined by the judiciary. People v. Brady, 56 N. Y. 182; Taylor v. Porter, 4 Hill, 140; Const., art. 1, § 1. I must be for the courts to decide whether he is deprived of his rights by the law of the land.' Otherwise the legislature might pass a law to imprison man with or without cause and he would be remediless."

§ 4. Crimes, how prosecuted.- A crime must be prosecuted by indictment, except:

1. Where proceedings are had for the removal of a civil office of the state on impeachment by the assembly for willful or con rupt misconduct in office;

2. Where proceedings are had for the removal of justices o the peace, police justices and justices of justices' courts and thei clerks;

3. A crime arising in the militia when in actual service, an in the land and naval forces in time of war, or which this stat may keep with the consent of congress in time of peace;

4. Such crimes as are hereinafter or in special statutes specific as cognizable by courts of special sessions and police courts. State Const., art. 1, § 6; Fed. Const., fifth amendment.

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