New York · statute · N.Y. New York City Criminal Court Act Law · 42 active provisions
CHAPTER 697 AN ACT in relation to establishing the criminal court of the city of New York and abolishing the court of special sessions of the city of New York and the city magistrates' courts of the city of New York Became a law April 24, l962, with the approval of the Governor. Passed, by a majority vote, three-fifths…
ARTICLE I SHORT TITLE; DEFINITIONS Section 1. Short title. 2. Definitions.
Section 1. Short title. This act shall be known as "The New York City Criminal Court Act."
§ 2. Definitions. As used in this act, the following words and phrases shall have the following meanings: (1) city--the city of New York; (2) mayor--the mayor of the city; (3) court--the court established by this act; (4) judge--a judge of the court; and (5) rule or order of court--a rule adopted or order made by an ap…
ARTICLE II ORGANIZATION AND ADMINISTRATION Section 20. The court constituted. 21. Administration. 22. Judges of the court. 23. Chief and deputy chief clerks; other administrative matters.
§ 20. The court constituted. The criminal court of the city of New York is hereby established as a single, city-wide court, as provided by sections one and fifteen of article six of the constitution; it shall be a part of the unified court system for the state, and a court of record with such power and jurisdiction as…
§ 21. Administration. (1) As provided by section twenty-eight of article six of the constitution and article seven-A of the judiciary law, the appellate divisions of the supreme court in the first and second judicial departments shall supervise the administration and operation of the court in their respective departmen…
§ 22. Judges of the court. (1) Each of the judges of the court shall be a resident of the city. No person, other than one who holds such office on the first day of September, nineteen hundred sixty-two, may assume the office of judge of the court unless he has been admitted to practice law in this state at least ten ye…
§ 23. Chief and deputy chief clerks; other admistrative matters. (1) There shall be a chief clerk of the court. The chief clerk and such other non-judicial personnel as shall be authorized by rule or order of court shall each have the power to administer oaths, take acknowledgments and sign the process of the court und…
ARTICLE III JURISDICTION AND POWERS Section 30. Judges are magistrates. 31. Jurisdiction.
§ 30. Judges are magistrates. The judges of the court are magistrates and shall have and exercise all the jurisdiction and powers, not inconsistent with this act, which are conferred by law upon magistrates and police justices under the provisions of the code of criminal procedure and which were conferred by law upon c…
§ 31. Jurisdiction. The court and the judges thereof, except as otherwise provided in this act, shall have jurisdiction with respect to crimes and offenses committed within the city of New York, as follows: (1) To hear, try, and determine all charges of misdemeanor, except charges of libel; (2) To hear, try, and determ…
ARTICLE IV PROCEDURE Section 41. Practice and procedure. 42. Use of electronic filing authorized.
§ 41. Practice and procedure. (1) Unless otherwise specifically prescribed, the practice and procedure in this court is governed by the criminal procedure law. (2) The appellate divisions of the first and second judicial departments shall jointly adopt rules to implement and facilitate practice and procedure in the cou…
§ 42. Use of electronic filing authorized. (1) Notwithstanding any other provision of law, the chief administrator of the courts may authorize a program in the use of electronic means in cases in the criminal court of the city of New York as provided in section 10.40 of the criminal procedure law. (2) For purposes of t…
ARTICLE V MISCELLANEOUS PROVISIONS AFFECTING CASES IN WHICH JUDGE SITS AS MAGISTRATE Section 50. Complaints; not to be prepared in courtroom. 51. Trials on Sunday. 52. Transfers of persons and charges. 54. Arraignments outside the county. 56. Prisoner's right to communicate with friends. 58. Verification of appearance…
§ 50. Complaints; not to be prepared in courtroom. Provision shall be made at all times in each part of the court in which a judge is sitting as a magistrate whereby the clerk, the clerk's assistants or other employees whose duty it is to prepare complaints shall have proper accommodations and the necessary room or roo…
§ 51. Trials on Sunday. Notwithstanding any provision of law, a part or parts of the court may be convened on Sunday to hear, try and determine offenses of a grade less than misdemeanor in the same manner and to the same extent as upon any other day of the week.
§ 52. Transfer of persons and charges. (1) Except as provided in this section, no charge, complaint or person brought before one judge of the court sitting as a magistrate shall be sent before another such judge, or any other magistrate, except for adequate cause, to be fully and at once entered upon the records kept b…
§ 54. Arraignments outside the county. In furtherance and not by way of limitation of section thirty of this act, a judge of the court, in his capacity as a magistrate, shall have power to arraign a defendant, or conduct a hearing upon any charge, in any county of the city of New York at the place where a defendant or…
§ 56. Prisoner's right to communicate with friends. (1) The commissioner of correction of the city of New York shall cause to be placed in each district prison a notice in several languages, setting forth that prisoners have the right to send a message or to write to or cause their relatives or friends to be telephoned…
§ 58. Verification of appearance ticket. (1) Where an appearance ticket has been served in lieu of arrest as authorized by article one hundred fifty of the criminal procedure law, in cases relating to violation of any provision of law, rule or regulations restricting the parking of vehicles upon any street where no par…
§ 59. Liability of judge sitting as magistrate. A judge of the court, sitting as a magistrate who, in good faith and having reason to believe that a crime or offense has been committed, issues process for the arrest of a person, shall not be liable therefor unless it is shown that his action in so doing was malicious o…
§ 61. Additional method of payment of fines. Rules or orders of court may be adopted to govern the payment of fines by day or night by any person accused of any offense or of violating any provision of any law, rule or regulation without appearing in person, except in cases of leaving the scene of an accident or any ch…
§ 62. Extension of time to pay fine. A judge shall have power in his discretion to extend time to pay any fine imposed upon a plea of guilty to or a conviction on any charge of a grade less than a misdemeanor. A judge may issue a warrant or summons for the defendant if he has failed to appear or pay the fine; when the…