INDEX TO DIVISIONS. ALL REFERENCES TO STATUTES ARE TO BANKS & BROTHERS SIXTH EDITION, UNLESS OTHERWISE NOTED. 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. 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. New. § 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 prosecuted by indictment; The fifth relates to proceedings in special sessions and police courts; The sixth relates to special proceedings of a criminal nature. New. 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. New York State Const., art. I, § ; U. S. Const., fifth amendment. (a) 1x parte affidavits insufficient. No person can be committed to an inebriate asylum on ex parte affidavits; he must be allowed to be heard in his own behalf. (Matter of Janes, 30 How., 446) (b) Must have common-law trial.- No inhabitant of the State of New York shall be disfranchised, or be deprived of any right or privilege, unless the matter shall be adjudged against him upon the trial had according to the course of the common law. (Taylor v. Porter, 4 Hill, 140; White v. White, 5 Barb., 474.) (c) Court of Special Sessions in certain cases.-The Legislature may constitute a court of special sessions, with jurisdiction to hear and determine certain quasi criminal cases and punish the same without a jury trial. (Plato v. People, 3 Park. Cr, 586.) (d) Keeper of bawdy house.- A keeper of a bawdy house may be punished summarily without trial by jury. (Warren v. People, 3 Park., 544.) (e) Forcible examination of female prohibited. The forcible examination, under the order of a coroner, of a female prisoner by physicians for the purpose of obtaining evidence of her recent pregnancy, is a violation of the Constitution. (People v. McCoy, 45 How., 215.) (f) Due process defined. "Due process" does not require a proceeding according to common law. (Happy v. Mosher, 48 N. Y., 313.) 66 Due process" of law simply requires that the party shall have his day in court. (People ex rel. v. Supervisors, 70 N. Y., 228.) § 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 justices 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. New York Const., art. I, § 6; U. S. Const., fifth amendment. 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. New. 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. New. 7. The party prosecuted known as defendant. - The party prosecuted in a criminal action is designated in this Code as the defendant. New. 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, who is unable to give security for his appearance, has been taken conditionally according to sections two hundred and nineteen and two hur dred and twenty, the deposition of the witness may be read up on its being satis factorily shown to the court that he is dead or insane or cannot with due diligence be found in the state. : U. S. Const., art. VI: New York Const., art. I. §6; 1 R. S, 376. § 14. (a) Trial by court martial.- This provision of the Constitution entitles the accused to counsel on trials by court martial. (People ex rel. Garling v. Van Allen, 55 N. Y., 31.) |