Manual New York Criminal Procedure

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New York Criminal Procedure Law Index by Article. A list of all the articles in the Criminal Procedure Laws of New York by article | NYS CPL Laws.
Table of contents

It is the least serious type of proscribed activity and encompasses such offenses as harassment, trespass, and disorderly conduct. A person arrested for committing a violation may be taken into custody but will usually be issued an appearance ticket indicating the time and place that he must appear in court. A violation is not a crime. A Misdemeanor is an offense other than traffic infraction of which a sentence in excess of 15 days but not greater than one year may be imposed New York State Penal Law, Article A misdemeanor is a crime. Petit larceny, criminal mischief in the fourth degree and assault in the third degree all fall into this category.

An unclassified misdemeanor is any offense not defined in the Penal law other than a traffic violation for which a sentence of imprisonment of greater than 15 days but not in excess of one year may be imposed. A Felony is an offense for which a sentence to a term of imprisonment in excess of one year may be imposed New York State Penal Law, Article A felony is a crime.

Criminal Procedure Law of the State of New York | LexisNexis Store

There are five categories and two subcategories of felonies A-I, A-II, B, C, D, and E ranging from the most to least serious in terms of severity of offense and the degree of potential punishment incurred. The penalty can vary from a term of probation to life imprisonment. For example, burglary in the third degree is a Class D felony and burglary in the second degree, the more serious offense, is a Class C felony. There are approximately local police agencies in New York State. See page 1—10 for a description of local detention facilities lockups that may be operated under police jurisdiction.

In those cases where the commission of crimes crosses jurisdictional boundaries, state and local police agencies may join their resources in the investigation of criminal matters. Federal Law Enforcement: The enforcement of federal laws is a responsibility that is shared by a number of federal agencies; however, the enforcement of those laws that are commonly referred to as crimes e. Court Jurisdiction.

Local Criminal Courts: In general, the term local criminal court means a district court, the New York City criminal court, a city court a town court or a village court. If a person has been arrested on a felony charge, the case will ultimately be transferred to a superior court unless the charge is reduced to a misdemeanor or a violation. Superior Courts: This term refers to supreme and county courts. Supreme courts handle mostly civil disputes, and a limited number of felony cases. Superior courts have exclusive trial jurisdiction of felonies, and may also try misdemeanor cases.

Introduction

If a defendant charged in an indictment with a felony or misdemeanor is also charged with a violation, that charge too may be tried in a superior court. Federal Courts: These courts have jurisdiction over all cases involving conduct that congress either regulates e.

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Prosecution: The prosecution function is organized at three levels: county, state and federal. At the county level, the office of district attorney, an elected office, prosecutes all alleged violations of the penal law that take place within a county and consequently this office is responsible for prosecuting the vast majority of all criminal offenses.

When the Attorney General successfully prosecutes in these and other areas, criminal sanctions are often imposed on the convicted offenders. At the federal level, the U.

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Attorney General is appointed by the President and is responsible for prosecuting all alleged federal crimes. This task is carried out through the offices of United States Attorneys, located in each federal district throughout the nation. Defense: By law, each county in the State of New York must have a plan to provide counsel to persons who are financially unable to retain counsel. The plan may provide for representation by a public defender, by a private legal aide society or bureau, by a panel consisting of private counsel Section 18B of the County Law of NYS or by a combination of any of the foregoing.

Counsel must be provided to anyone charged with an offense, other than a traffic infraction, for which a sentence to a term of imprisonment is authorized upon conviction.

New York State Laws

The issue of competency can be raised at any time prior to the point that the defendant is sentenced. Being incapacitated is a condition that must be present at the time of the legal proceeding. These persons can be transferred to a psychiatric hospital for treatment and may be returned to stand trial once their competence has been restored. It is an affirmative defense, meaning that the defendant has the burden of establishing the defense by a preponderance of evidence.

According to Section An individual must be competent to stand trial before evidence of insanity can be presented to the court. Arrest: The criminal justice process begins when a person is arrested. Generally the police are required to obtain an arrest warrant before arresting an individual in his or her home. Booking: Booking is the administrative record of an arrest. It is a three-step procedure which involves:.

Once an arrest has been made, the accused is brought by the arresting officer to a booking facility. See section on Arraignment for a fuller discussion of the use of CJA reports at arraignment. Agencies like CJA are located in other areas of the State, e. Options at Booking: On a charge of misdemeanor or violation, a local police department, pursuant to guidelines, has the authority to release an accused either before or immediately after booking.

The accused may be required to post pre-arraignment bail also known as station house bail to secure later court appearance. Unless released on an Appearance Ticket, the accused is brought to a local criminal court by the arresting officer at the completion of the booking process. As a safeguard against illegal detention in jail, the law requires that the arrested person be promptly arraigned before a judge.

If the arrest is made on a weekend, the person may have to be detained at a police lockup for as long as 48 hours before a judge becomes available. Complaint: The criminal complaint serves as the basis for the commencement of criminal proceedings and is prepared by the arresting officer or by the complainant i. In New York City, the arresting officer escorts the accused to the court building after the booking process is completed. Note : in some counties of New York City, the District Attorney interviews the arresting police officers and complaining witnesses at the Central Booking facility.

The Assistant District Attorney decides whether it is appropriate to send the case to court. The District Attorney receives a copy of the formal complaint, usually at arraignment. Arraignment: The accused is brought before a judge in the local criminal court for arraignment. Counsel is appointed to represent the defendant at arraignment unless the defendant can afford a lawyer and the lawyer is present. Ordinarily, the arraignment marks the first time in the criminal justice process in which the accused appears before a judge.

At the arraignment proceeding the accused is:.

Criminal Procedure Law

Although all of the above-listed events take place at the arraignment, you may find it difficult to follow the proceedings if you are sitting in the arraignment part of your local criminal court. There are several reasons why this occurs. Most defendants choose to waive a formal public reading of the charges against them. Often, if the courtroom is crowded and there is no microphone in use, the noise level makes it difficult to hear what is happening. Also, the large number of defendants being arraigned in a busy urban area often means that each case receives no more than two or three minutes of attention.

Options at Arraignment: If the case is not resolved by the defendant pleading guilty to the crime as charged or to a lower charge, See chapter on Plea Bargaining , or by the charges being dismissed, the judge must decide whether the defendant will be released on his or her own recognizance ROR pending the next court date, or whether bail will be required. Note: The judge may also decide in some cases to remand the defendant, i.

The amount and form of bail set by the judge depends on the circumstances of the case. Bail may be posted in cash or through the services of a bail bondsman who charges a fee established by statute and who, in most cases, requires collateral.


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Once bail has been posted, the defendant is released from custody. This process, known as plea-bargaining, has become the rule rather than the exception in many of the courts of New York State. Plea bargaining generally entails:. There are many reasons why plea-bargaining may be appropriate, from either the prosecution or the defense perspective. For example, plea-bargaining may by warranted as a means of shielding the victim of a crime from the trauma of public testimony or as an appropriate disposition for a first offender.

New York Pretrial Criminal Procedure, 2d (Vol. 7, New York Practice Series)

The following statistics help to shed light on another reason why plea-bargaining occurs. In order to try all those indicted, the court system would require massive increases in funding to pay for more court facilities, judges, prosecutors, clerks, court officers, court reporters and jurors.

Before accepting a plea of guilty, the judge must determine that the defendant is voluntarily pleading guilty and knowingly giving up the right to a trial. The defendant should admit his or her guilt, and promises made to the defendant should appear on the record. If the plea is to a misdemeanor, sentence may either be imposed immediately or there may be an adjournment for a pre-sentence investigation report by the Probation Department.

On a plea of guilty to a felony, there must be an adjournment for such a report prior to sentence. As a general rule, a plea of guilty to a felony can be taken only in a superior court See page 1—6 , although there is a procedure involving the waiving of indictment and pleading guilty to a superior court information which can take place in a local criminal court.

Guilty pleas to misdemeanors may be taken either in a superior court or a local criminal court. Preliminary Hearing: The purpose of a preliminary hearing is to determine whether there is reasonable cause to believe that a felony was committed and that it was committed by the defendant. If such reasonable cause is found, the defendant may be confined in custody pending grand jury action. In New York City, the usual practice is for prosecutors to proceed directly to the grand jury, avoiding the need for a preliminary hearing.

Such hearings are more common outside the City of New York. In New York State, a defendant held on bail or remanded on a felony charge must be released from custody within a specified time unless either afforded a preliminary hearing or a statement is filed by the prosecutor indicating that the grand jury has voted an indictment. The specified time in question is hours from arraignment or hours if there is an intervening Saturday, Sunday or a legal holiday. The right to a preliminary hearing may be waived. These time limitations are contained in Section Holding a Defendant on a Misdemeanor Charge: The accusatory instrument charging a defendant in a local criminal court may be either a complaint or an information.

Both are, in effect, affidavits.