Annual Report of the Commissioners of Statutory Revision of the State of New York Volume 3

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1900 Excerpt: ... session so long, or if not, as remote a time as can reasonably be allowed; but any delay may be waived by the defendant. Code of Crim. Pro., g 471, 472, combined without change of substance. 5S1. When defendant must be present.--For the purpose of judgment, if the conviction be for a felony, the defendant must be personally present; if it be for a misdemeanor, judgment may be pronounced in his absence. Code Crim. Pro., 473, without change. 582. Bringing defendant before court for judgment.--When the defendant is in custody, the court may direct the officer in whose custody he is to bring him before it for judgment; and the officer must do so accordingly. Code Crim. Pro., 474, without change. 583. Order for bench warrant.--If the defendant have been discharged on bail, or have deposited money instead thereof, and do not appear for judgment, when his personal attendance is necessary, the court, in addition to the forfeiture of the undertaking of bail or of the money deposited, may direct the clerk to issue a bench warrant for his arrest. Code Crim. Pro., 475, without change. 584. Bench warrant to issue.--The clerk, on the application of the district attorney, may accordingly, at any time after the order, whether the court be sitting or not, issue a bench warrant into one or more counties. Code Crim. Pro., 476, without change. 585. Form of bench warrant.--The bench warrant must be substantially in the following form: County of Albany, (or as the case may be.) In the name of the people of the state of New York Seal.--To any sheriff, constable, marshal or policeman in this state. A. B. having been on the day of, 19, duly convicted in the county court of the county of Albany (or as the case ma...