SECTION 70. Inability of judge. 71. Officers to attend. 72. Clerk. 73. Court, when and where held. § 68. Jurisdiction. The court of special sessions in the city of Albany has jurisdiction: 1. To try and determine all cases of petit larceny charged as a first offense, and all misdemeanors, not being infamous crimes, committed within the city, when a person accused of such crime or misdemeanor demands to be tried before such court of special sessions held by the recorder of said city, instead of before a police justice; 2. To take recognizances, to appear before the court at a succeeding term from persons charged with a crime or misdemeanor, triable therein; 3. To impose and enforce sentence of fine or imprisonment, or both, in the discretion of the court, in all cases within its jurisdiction, upon conviction, to the same extent as the county court of the county of Albany could do in like cases; 4. To punish a contempt of court in the same manner and to the same extent as the supreme court could do in like cases. 5. In cases where a jury trial is demanded by a defendant, to draw from the jury box containing the names of jurors who reside in the city of Albany such number of names as the recorder or county judge may direct, and to require the sheriff of the county to summon the persons so drawn to appear at the time designated for trial, to impanel a jury of twelve men, to require the attendance of additional jurors and to punish a juror or witness neglecting to appear, in the same manner and to the same extent as the supreme court could do in like cases. 6. On motion of the district attorney, to issue a warrant for the arrest of a person who neglects to appear agreeably to the requirements of a recognizance to appear thereat, commanding the officer executing the same to bring the party forthwith before the court, if in session, otherwise to commit him to the common jail of the county, there to remain until delivered by due course of law. Amended; Laws 1900, chap. 645; in effect, as amended, April 24, 1900. Under subdivision 1, the publication of a libel is not an "infamous crime." People v. Parr, 42 Hun, 316; 4 N. Y. Cr. Rep. 545. § 69. By whom held. Upon charges for offenses triable by this court, the police magistrate or any other magistrate in the city hearing the same, shall, if offered, take recognizances in the cases provided by law returnable at the court of special sessions; and all such recognizances as shall have been so taken shall be returned to and filed with the district attorney of the county of Albany. If no such recognizance be offered, the magistrate or magistrates shall commit the defendant to the common jail of the county of Albany until he shall be thence delivered in due course of law, and the trial of such person shall be had before the court of special sessions, except that where a police justice or other magistrate in this city has jurisdiction, the defendant may elect to be tried before such police justice or other magistrate. with any $70. Inability of judge. Whenever a person is brought before a police justice or other magistrate of the city, charged of the following crimes, viz.: Petit larceny charged as a first offense, offenses against the laws relating to excise and the regulation of taverns, inns and hotels, offenses being misdemeanors against the laws relating to gaming, assaults upon, and interference with a public officer in the discharge of his duty, and it appear to the magistrate that the crime has been committed and that there is sufficient cause to believe the defendant guilty thereof, the magistrate must order him to be held to answer the charge before the court of special sessions. shall $71. Officers to attend.-The court of special sessions in the city of Albany must be held by the recorder of the city, with or without one or more of the justices of the peace to be associated with him. In case of the absence or inability of the recorder to act, the county judge of the county of Albany must act in his place. If the recorder and county judge are both unable, by reason of absence or other cause, to hold the court, the clerk must adjourn the court to the next following Tuesday, and continue such adjournments until the recorder or county judge attends. Not more than two officers shall be designated or appointed by the sheriff or other authority to attend the court of special sessions of the city of Albany, unless the court shall, by an order entered in its minutes, require the attendance of a greater number. § 72. Clerk. The county clerk of Albany county is clerk of the court of special sessions of the city of Albany, and must attend the same in person or by deputy. § 73. Court, when and where held. The court of special sessions of the city of Albany must be held at the city hall in the city of Albany on Tuesday of each week, and may be held and continued for such length of time as it deems proper. CHAPTER IV. THE POLICE COURTS SECTION 74. Jurisdiction. 78. Compensation of justice. 874. Jurisdiction.- Police justices have such jurisdiction, and such only, as is specially conferred upon them by statute. The courts held by police justices are called police courts, and courts of special sessions are also called police courts, and are so designated in different parts of the Code. See Matter of McMahon, 64 How. Pr. 285; 1 N. Y. Cr. Rep. 446. No appeal lies from the judgment of a police justice unless a village charter or special statute confers such right. People v. Trumble, 29 Hun, 205; 1 N. Y. Cr. Rep. 443. §§ 75-77. Repealed 1897, ch. 414. In effect July 1, 1897. § 78. Compensation of justice.-A police justice cannot retain to his own use any costs or fees, but may receive for his services an annual salary, to be fixed in villages by the board of trustees, and in cities by the common council, except where the same is otherwise fixed by law; and such salary shall not be increased or decreased during his term of office. PART II. OF THE PREVENTION OF CRIME. TITLE I. OF LAWFUL RESISTANCE. II. OF THE INTERVENTION OF THE OFFICERS OF JUSTICE TITLE I. OF LAWFUL RESISTANCE. CHAPTER I. General provisions respecting lawful resistance CHAPTER I. GENERAL PROVISIONS RESPECTING LAWFUL RESISTANCE. SECTION 79. Lawful resistance; by whom made. § 79. Lawful resistance; by whom made.- Lawful resist ance to the commission of a crime may be made: 1. By the party about to be injured ; 2. By other parties. See 24 Alb. L. J. 1, 2. CHAPTER II. RESISTANCE BY THE PARTY ABOUT TO BE INJURED. SECTION 80. In what cases; to what extent. $80. In what cases; to what extent. Resistance sufficient to prevent the crime may be made by the party about to be injured: 1. To prevent a crime against his person; 2. To prevent an illegal attempt by force to take or injure property in his lawful possession. See Penal Code, 26, and note. CHAPTER III. RESISTANCE BY OTHER PARTIES. SECTION 81. In what cases. § 81. In what cases.- Any other person, in aid or defense of the person about to be injured, may make resistance sufficient to prevent the injury. TITLE II. OF THE INTERVENTION OF THE OFFICERS OF JUSTICE. CHAPTER I. Intervention of public officers in general. II. Security to keep the peace. III. Police in cities and villages, and their attendance at exposed places. IV. Prevention and suppression of riots. CHAPTER I. INTERVENTION OF PUBLIC OFFICERS IN GENERAL. SECTION 82. In what cases. 83. Persons acting in their aid, justified. § 82. In what cases. Crimes may be prevented by the intervention of the officers of justice: 1. By requiring security to keep the peace; 2. By forming a police in cities and villages, and by requiring their attendance in exposed places; 3. By suppressing riots. See post, §§ 84-101, 102-117. 83. Persons acting in their aid, justified. When the officers of justice are authorized to act in the prevention of crime, other persons who, by their command, act in their aid, are justified in so doing. See Penal Code, § 223, subd. 1. |