City of Newburgh, NY
Orange County
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Table of Contents
Table of Contents
The criminal jurisdiction conferred by this act shall extend to charges of crimes and offenses committed within the territorial limits of the city. A warrant issued by a judge shall be executed only by a peace officer, and may be executed, without endorsement by any magistrate, in any county by any peace officer in the state. (L. 1948, c. 569)
A city judge shall possess all the powers and jurisdiction of a court of special sessions, to be exercised under the title of city court, and shall have, in the first instance, original and exclusive jurisdiction to hear, try and determine any charge of misdemeanor committed within the city. It shall have original and exclusive jurisdiction to hear, try and determine all complaints and charges of violations of the city charter, local laws, ordinances, rules and regulations adopted pursuant thereto.
Any charge of misdemeanor pending before the court may be removed to a court sitting with a grand jury in the manner provided by sections fifty-seven, fifty-eight and fifty-nine of the code of criminal procedure,[1] except that a complaint or charge involving violation of a city charter, local law, ordinance, rule or regulation shall not be removed.
The court shall have power, upon conviction, to impose such sentence as is provided by law for the particular crime or offense.
The judge shall have power to let to bail, as provided by law, all persons brought before him charged with any crime or offense and shall not be limited by section seven hundred thirty-seven of the code of criminal procedure.[2]
The city judge may, at the request of a defendant, remit or reduce a fine imposed, or in place of such fine substitute in his discretion imprisonment, by an order setting forth the reasons therefor and the name of the judge ordering the same and filed in the office of the judge.
Any judgment of conviction rendered in said court or pronounced by said city judge may be vacated and set aside and a new trial granted by an order made by said city judge stating the reasons therefor, which order shall be signed by said city judge and shall be filed in his office or in the office of said court. (L. 1948, c. 569)
[1]
Editor's Note: See now Criminal Procedure Law §§ 170.20 and 170.25.
[2]
Editor's Note: See now Criminal Procedure Law §§ 140.20(3), 150.30 and Arts. 500, 510, 520 and 530.
Except as herein provided, all provisions of the code of criminal procedure relating to inferior courts of local jurisdiction shall apply to criminal actions, proceedings and matters in the court. (L. 1948, c. 569)