TITLE II

OF THE PROCEEDINGS IN THE COURT OF SPECIAL SESSIONS

IN THE CITY AND COUNTY OF NEW YORK.

SECTION 741. Police courts in New York, to proceed as prescribed in last title, except as provided in next seven sections.

742. In what cases to proceed to trial.

743. If jury demanded, magistrate to proceed to examination of charge.

744. Trial to be before the court, without a jury.

745. Clerk to issue subpœna, sign certificate of judgment, and enter proceedings of court and sentences upon convictions.

746. Fines before committal, to be paid to clerk; his accounts, when and to whom rendered.

747. All other fines to be paid to sheriff; his account thereof, when and to whom rendered.

748. No transcript of conviction to be filed; certified copy of min. utes, conclusive evidence.

8741. Police courts in New York, to proceed as prescribed in last title, except as provided in next seven sections. The court of special sessions, in the city and county of New York, must proceed upon a criminal charge in the manner prescribed in the last title, except as provided in the next seven sections, and by special statutes.

See People, ex rel., v. Board, 17 State Rep. 875; People, ex rel. Murray, v. Justices, 74 N. Y. 406; 18 Alb. L. J. 254.

§ 742. In what cases to proceed to trial. — When the court of special sessions in the city and county of New York has jurisdiction, it must proceed to the trial in the following cases:

1. When the defendant has requested to be tried in such court; 2. When (having omitted for twenty-four hours to give bail, as required by the magistrate before whom he was brought, for his appearance at the next court of general sessions of the city and county of New York) a jury is not demanded by him, on being brought before the court of special sessions for trial.

8743. If jury demanded, magistrate to proceed to examination of charge. If, in the case mentioned in the second subdivision of the last section, a jury be demanded, the court of special sessions must proceed to the examination of the charge, and hold the defendant to answer or discharge him, in

same manner as the magistrate before whom he was originally brought might have done.

§ 744. Trial to be before court, without a jury. The trial must, in all cases, be before the court without a jury.

$ 745. Clerk to issue subpoenas, sign certificate of judgment, and enter proceedings of court and sentences upon convictions. Subpoenas for witnesses, and the certificate of the judgment, must be signed by the clerk of the court, who must also enter all the proceedings of the court, and the sentences upon convictions, in a book of minutes, and when necessary, certify the proceedings of the court.

§ 746. Fines before committal, to be paid to clerk; his accounts, when and to whom rendered. - Fines, imposed by the court, must be received by the clerk, if paid before committal in execution of the judgment. He must, every thirty days, render to the comptroller of the city, accounts of the fines imposed and received by him, and of the expenses attending the

court.

747. All other fines to be paid to sheriff; his account thereof, when and to whom rendered. All fines, not paid to the clerk, as provided in the last section, must be received by the sheriff of the city and county of New York; who must, within thirty days thereafter, pay them to the comptroller of the city, in the same manner as he is required to pay fines imposed by the court of general sessions of the city and county of New York, and received by him.

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8748. No transcript of conviction to be filed; certified copy of minutes, conclusive evidence. No transcript of a conviction, had in a court of special sessions in the city and county of New York, need be certified or filed; but a copy of the minutes of the conviction, certified by the clerk, is conclusive evidence of the facts contained therein.

TITLE III.

OF APPEALS FROM COURTS OF SPECIAL SESSIONS.

SECTION 749. Review on appeal from minor courts.

750. Appeal, for what causes allowed.

751. Appeal, how taken.

752. How allowed.

753. Release on bail pending an appeal.

754. Undertaking, when and with whom filed.

755. Delivery of affidavit, and allowance of appeal, to magistrate or clerk of police court, within five days after allowance

756. Return, when and how made.

757. Compelling return.

758. Ordering and compelling further or amended return.

759. Appeal, by whom and how brought to argument.

760. If not brought to argument, as provided in last section, to be dismissed, unless continued for cause shown.

761. Service of return on district attorney, and consequences of

failure.

762. If brought to hearing by defendant, appeal must be argued, though no one oppose, etc.

763. Appeal to be heard on original return.

764. What judgment may be rendered.

765. Judgment to be entered on the minutes.

766. Order upon judgment for affirmance. 4

767. Order upon judgment of reversal.

768. If new trial ordered, to be had in county court, etc.

769. Proceedings to carry judgment upon appeal into effect, to be

had in the county court.

770. On judgment of county court, defendant may appeal to appellate division.

771. Judgment of supreme court upon appeal, final.

772. Proceedings to carry into effect judgment of supreme court.

§ 749. Review on appeal from minor courts.- A judgment upon conviction, rendered by a court of special sessions, police court, police magistrate, or justice of the peace, in any criminal action or proceedings or special proceeding of a criminal nature, including a judgment of commitment made under section two hundred and ninety-one of the Penal Code, may be reviewed by the county court of the county, upon an appeal as prescribed by this title, and not otherwise; and any appeals heretofore taken and allowed from a judgment of any police court or police magistrate in the man

ner that appeals are directed to be taken and allowed by this title, and now pending undetermined in any court of this state, are hereby declared to be legal and valid and of the same force and effect as if taken after the passage of this act. An appeal from a judgment of commitment made under section two hundred and ninety-one of the Penal Code may be allowed to any person having, previous to such commitment, a right to the custody of the child; but upon such appeal, in addition to the notice and papers required by this title to be served on appeals in criminal actions, notice of all proceedings and copies of the affidavit and allowance of appeal therein must be served upon the institution named in the commitment, and upon the society mentioned in section two hundred and ninety-three of the Penal Code, if there be one within the county. Such institution and society, or either, shall have the right to move to argue or dismiss, and to be heard upon the argument of such appeal; and shall have the like right to appeal from the judgment of the county court of the county to the supreme court as is conferred by section seven hundred and seventy of this Code upon a defendant, and to the court of appeals by section five hundred and nineteen of this Code; and pending any appeal and until the final determination thereof the child named in the commitment must remain in the custody of the institution therein specified.

In effect, as amended, Jan. 1, 1896; Laws 1895, chap. 880.

See People v. Trumble, 1 N. Y. Cr. Rep. 443; 29 Hun, 205; People v. Norton, 2 N. Y. Cr. Rep. 522; 33 Hun, 277; People, ex rel. Scherer, v. Walsh, 67 How. Pr. 482; 33 Hun, 345; 2 N. Y. Cr. Rep. 325; People v. Carr, 54 Hun, 444; People v. Vitan, 20 Abb. N. C. 298; Killoran v. Barton, 26 Hun, 648; People, ex rel., v. Court of Sessions, 45 id. 55; People v. Glaze, 65 id. 560.

750. Appeal, for what causes allowed. An appeal may be allowed for an erroneous decision or determination of law or fact upon the trial.

§ 751. Appeal, how taken.- For the purpose of appealing, the defendant, or some one on his behalf, must within sixty days after the judgment, or within sixty days after the commitment where the appeal is from the latter, make an affidavit showing the alleged errors in the proceedings or conviction or commitment complained of, and must within that time present it to the county judge or a justice of the supreme court, or in the

city and county of New York, to the recorder or a judge authorized to hold a court of general sessions in that city, or in the city of Albany to the recorder, and apply thereon for the allowance of the appeal.

Amended 1897, chap. 781; in effect May 24, 1897.

See People v. McGann, 43 Hun, 57; People, ex rel., v. Beatty, 4 N. Y. Cr. Rep. 287; 39 Hun, 477.

8752. How allowed. If, in the opinion of the judge, it is proper that the question arising on the appeal should be decided by the county court, he must indorse on the affidavit an allowance of the appeal to that court; and the defendant, or his attorney, must within five days thereafter, serve a copy of the affidavit upon which the appeal is granted, together with a notice that the same has been allowed, upon the district attorney of the county in which the appeal is to be heard.

Amended by chap. 536 of 1897. In effect Sept. 1, 1897.

See People, ex rel. Baker, v. Beatty, 4 N. Y. Cr. Rep. 287; 39 Hun, 477. $753. Release on bail pending an appeal.-Upon allowing the appeal, if satisfied that there is a reasonable doubt whether the conviction should stand, but not otherwise, the judge may take from the defendant a written undertaking, with such sureties as he may approve, that the defendant will abide the judg ment of the county court upon the appeal, and may thereupon order that he be discharged from imprisonment, on service of the order upon the officer having him in custody, or if he be not in custody, that all proceedings on the judgment be stayed.

In effect, as amended, Jan. 1, 1896; Laws 1895, chap. 880. $754. Undertaking, when and with whom filed. The undertaking upon the appeal must be immediately filed with the clerk of the county court, and the said clerk of the county court shall within five days thereafter, give notice to the district attorney of the county that such bond has been filed, which notice shall give the name of the defendant and his sureties, the offense for which the defendant was charged and the amount of the bail given.

Amended by chap. 536 of 1897. In effect Sept. 1, 1897.

§ 755. Delivery of affidavit, and allowance of appeal, to magistrate or clerk of police court, within five days after allowance. The affidavit and allowance of the appeal must be delivered to the magistrate, or clerk of the court rendering the judgment, within five days after the allowance of the appeal, and when so delivered the appeal is deemed taken.

756. Return, when and how made. The magistrate or court rendering the judgment, must make a return to all the matters stated in the affidavit, and must cause the affidavit and return to be filed in the office of the county clerk within ten days after the service of the affidavit and allowance of the appeal.

In effect, as amended, Jan. 1, 1896; Laws 1895, chap. 880.

In People v. McGann, 43 Hun, 57, the court say: 'When the appeal is taken it must be presumed the appellant knows what alleged errors he wants to review. The return is made with reference to such errors only. If this be not true, all sorts of technical objections may be urged upon appeal when but one