New York City Criminal Court

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The Criminal Court of the City of New York is a court of the New York State Unified Court System in New York City that handles misdemeanors (generally, crimes punishable by fine or imprisonment of up to one year) and lesser offenses, and also conducts arraignments (initial court appearances following arrest) and preliminary hearings in felony cases (generally, more serious offenses punishable by imprisonment of more than one year).[1][2] It is a single citywide court.[3]

Felonies are heard by the Supreme Court. Some violations and other issues are adjudicated by other city and state administrative courts, e.g., Krimstock hearings are conducted by the city Office of Administrative Trials and Hearings, parking violations are adjudicated by the city DOF Parking Violations Bureau, and non-parking traffic violations are adjudicated by the state DMV Traffic Violations Bureau.

Criminal procedure[edit]

Most people who are arrested and prosecuted in New York City will appear before a Criminal Court judge for arraignment. The New York Criminal Procedure Law (CPL) is the primary criminal procedure law.

Arrest to arraignment[edit]

New York police officers may arrest someone they have reason to believe has committed a felony, misdemeanor, or "violation",[4] or pursuant to an arrest warrant. Those arrested are booked at "central booking" and interviewed by a representative of the Criminal Justice Agency for the purposes of recommending bail or remand at arraignment.[4] In New York state, the time from arrest to arraignment must be within 24 hours.[5][6] Police may also release a person with an appearance ticket directing a defendant to appear for arraignment in the future: with a desk appearance ticket (DAT) after arrest, or a universal summons without arrest.[7]

Taxi drivers concealing their faces as they take the customary perp walk before the news media. The perp walk is a well-known feature of New York's criminal justice system.[8][9][10][11]

At arraignment, the accused is informed of the charges against them and submits a plea (and may accept a plea bargain).[4] The accused have a right to be represented by (and be provided legal aid by) a lawyer, and one will be appointed for them if they cannot afford one.[4] Arraignments are held every day from 9:00 am to 1:00 am, and Manhattan also has a "lobster shift" arraignment from 1:00 am to 9:00 am.[4] At arraignment the prosecutor may also provides defense counsel with certain "notices", such as notices about police lineups and statements made by the defendant to police.[12]

After notices are served, the prosecutor may ask the court to keep the accused in jail (remanded) or released on bail.[4][13] Otherwise, the accused is released on their own recognizance (ROR'd). If the accused is released, the accused must appear in court every time their case is calendared (scheduled for a court hearing), and if they fail to appear the judge may forfeit their bail and issue a bench warrant for their arrest.[4]

The decision to set bail and the amount of bail to set are discretionary, and the central issue regarding bail is insuring the defendant's future appearances in court;[14] factors to be taken into consideration are defined in Criminal Procedure Law § 510.30.[15] In practice, bail amounts are typically linked to charge severity rather than risk of failure to appear in court, judges overwhelmingly rely only on cash bail and commercial bail bonds instead of other forms of bail, and courts rarely inquire into the defendant's financial resources to understand what amount of bail might be securable by them.[16]

Indictment[edit]

For those accused of a felony, their case is sent to a court part where felony cases await the action of the grand jury.[4] If the grand jury finds that there is enough evidence that the accused has committed a crime, it may file an indictment.[4] If the accused waives their right to a grand jury, the prosecutor will file a Superior Court Information (SCI).[4] If the grand jury votes an indictment, the case will be transferred from Criminal Court to the Supreme Court for another arraignment.[4] This arraignment is similar to the arraignment in Criminal Court, and if the accused does not submit a guilty plea, the case will be adjourned to a calendar part.[4]

Pre-trial[edit]

A line outside the summons court on 346 Broadway in Manhattan

Plea bargain negotiations take place in the AP Parts prior to the case being in a trial-ready posture, and depending upon caseloads, the judges in the AP Parts may conduct pre-trial and felony motion hearings.[17] The most common pre-trial evidence suppression hearings are Mapp (warrantless searches), Dunaway (probable cause), Huntley (Miranda rights), Wade (identification evidence like lineups), and Johnson (Terry stops) hearings.[18] Once pretrial hearings are completed, the case is considered ready for trial and will usually be transferred to a courtroom that specializes in handling trials.

The government must be ready for trial within 6 months for a felony, 90 days for a class A misdemeanor, 60 days for a class B misdemeanor, and within 30 days for a violation, subject to excluded periods.[19][20] A defendant must be released on bail or ROR'd if they are in jail after a specified time of pretrial detention (bail review): within 90 days for a felony, within 30 days for an at-least-3-months misdemeanor, within 15 days for a maximum-3-months misdemeanor, and within 5 days for a violation, subject to excluded periods.[19][20] A bail review in Supreme Court may be requested by misdemeanor defendants who cannot make bail at the CPL 170.70 day appearance (the five-day deadline for conversion of a complaint to an information), to be scheduled three business days later.[21][22][23] In cases where a felony is charged, unless a grand jury has indicted the defendant and a hearing has commenced within 120 hours (with an additional 24 allowed for weekends and holidays), or proof that the indictment was voted within 120 hours, and unless the delay was due to a request of the defendant, and absent a compelling reason for the prosecution's delay, the defendant must be released.[4][24][25]

Trial[edit]

In New York City, only those individuals charged with a serious crime, defined as one where the defendant faces more than six months in jail, are entitled to a jury trial; those defendants facing six months incarceration or less are entitled to a bench trial before a judge.[26] Defendants in summons court may waive their right to a trial before a judge and have the trial held by a judicial hearing officer.[27][28][29]

Structure[edit]

There are several specialized parts of the Criminal Court which handle specific subject areas.

Arraignment parts[edit]

Defendants arraigned on felony or misdemeanor complaints are initially arraigned in the arraignment part of the Criminal Court.[30]

All-purpose parts[edit]

The all-purpose or "AP" parts are the motion parts of the Criminal Court.[17] Plea bargain negotiations take place in these courtrooms prior to the case being in a trial-ready posture, and depending upon caseloads the judges in the AP Parts may conduct pre-trial hearings, felony hearings, and bench trials.[17]

Felony waiver parts[edit]

Criminal Court has preliminary jurisdiction over felony cases filed in New York City, and retains jurisdiction of the felony cases until a grand jury hears the case and indicts the defendant.[31] Defendants charged with felonies are arraigned in the Criminal Court arraignment parts and cases are then usually sent to a felony waiver part to await grand jury action.[31] Felony waiver parts are staffed by Criminal Court judges designated as Acting Supreme Court Justices.[31] Felony waiver parts also hear motions, bail applications, and extradition matters.[31]

Trial parts[edit]

Trial Parts in the Criminal Court handle most of the trials, although some trials are conducted in the AP parts.[26]

Problem-solving courts[edit]

Problem-solving courts include:[32]

  • adolescent diversion parts
  • community courts
  • domestic violence courts
  • drug treatment courts
  • human trafficking courts
  • integrated domestic violence courts
  • mental health courts
  • sex offender courts
  • veterans courts
  • youthful offender domestic violence courts

The Midtown Community Court is a community court which arraigns defendants who are arrested in the Times Square, Hell's Kitchen, and Chelsea neighborhoods and charged with any non-felony offense.[33][34] The Red Hook Community Justice Center is a multi-jurisdictional community court in Red Hook, Brooklyn, for example hearing family, civil and criminal "quality of life" cases, as well as youth court, and uses mediation, restitution, community service orders and drug treatment.[34][35]

Criminal Court operates domestic violence or "DV" courts within every county.[36] Domestic violence courts are forums that focus on crimes related to domestic violence and abuse and improving the administration of justice surrounding these types of crimes.[36] The Bronx, Brooklyn, Manhattan and Queens operates DV Complexes, which include an All-Purpose Part and Trial Parts dedicated to adjudicating these types of crimes, while in Richmond all DV cases are heard in the regular AP Part.[36]

Summons court[edit]

A sample specimen of the proposed new Criminal Court summons

The Summons All Purpose Part (SAP) hears cases brought to court by universal summonses issued by law enforcement personnel.[37] Summons court handles low-level offenses.[38][39][40][41][42] Defendants may waive their right to a trial before a judge and have the trial held by a judicial hearing officer.[27][28][29]

The District Attorney does not staff the SAP Part.[43][37] The summons court is sometimes called the "People's Court" because Criminal Court judges routinely authorize summonses and informations based upon the sworn allegations of private citizens who seek redress for criminal acts against them, and the entire proceeding is generally one of private or court-conducted trial.[37]

Administration[edit]

The state court system is divided into thirteen judicial districts (JDs), with five JDs in New York City, one for each county/borough. An Administrator (or Administrative Judge if a judge) supervises the Criminal Court.[44] The Deputy Chief Administrator for the New York City Courts (or Deputy Chief Administrative Judge if a judge) is responsible for overseeing the day-to-day operations of the trial-level courts located in New York City, and works with the Administrator of the Criminal Court in order to allocate and assign judicial and nonjudicial personnel resources to meet the needs and goals of those courts.[45]

The Administrator is assisted by Supervising Judges who are responsible in the on-site management of the trial courts, including court caseloads, personnel, and budget administration, and each manage a particular type of court within a county or judicial district.[44] Chief Clerks (inside New York City) assist the local administrators in carrying out their responsibilities for supervising the day-to-day operations of the trial courts.[46]

The court is not included in the New York State Courts Electronic Filing System (NYSCEF).

New York State Unified Court System

Court of Appeals
Supreme Court, Appellate Division
Supreme Court
Court of Claims
Surrogate's Court
Family Court
County Court
District Court
New York City: Civil, Criminal
Justice courts

Officers[edit]

Judges[edit]

New York City Criminal Court judges are appointed by the Mayor of New York City to 10-year terms from a list of candidates submitted by the Mayor's Advisory Committee on the Judiciary.[1][47][48] The Mayor's Advisory Committee is composed of up to nineteen members, all of whom are volunteers and are appointed with the Mayor's approval: the Mayor selects nine members; the Chief Judge of the New York Court of Appeals nominates four members; the Presiding Justices of the Appellate Divisions of the Supreme Court for the First and Second Judicial Departments each nominate two members; and deans of the law schools within New York City, on an annual rotating basis, each nominate one member.[47] In addition, the Committee on the Judiciary of the New York City Bar Association, in conjunction with the county bar association in the relevant county, investigates and evaluates the qualifications of all candidates for judicial office in New York City.[47]

Once a judge is appointed, they can be transferred from one court to another by the Office of Court Administration, and after two years' service in the lower courts, they may be designated by the Chief Administrator of the Courts as an Acting Supreme Court Justice with the same jurisdiction as a Supreme Court Justice upon consultation and agreement with the presiding justice of the appropriate Appellate Division.[49]

Judicial hearing officers[edit]

Judicial hearing officers (JHOs) adjudicate most summons court (SAP Part) cases, assist in compliance parts in domestic violence cases, and in the New York Supreme Court monitor substance abuse program defendants, conduct pre-trial suppression hearings and make recommended findings of fact and law to sitting judges.[27][50][51][52] JHOs are appointed by the Chief Administrator.[53][54]

Attorneys[edit]

The Legal Aid Society is the contracted as the city's primary public defender, along with New York County Defender Services in Manhattan, Brooklyn Defender Services in Brooklyn, Bronx Defenders in the Bronx, Queens Law Associates in Queens, and the Neighborhood Defender Service in northern Manhattan.[55]

The District Attorney does not staff the summons court (SAP Part), and the summons court proceedings are generally one of a private or court-conducted trial.[37]

Analysis and criticism[edit]

The Court of Appeals ruled in 1991 that most people arrested must be released if they are not arraigned within 24 hours.[5][6] In 2013, for the first time since 2001, the average time it took to arraign defendants fell below 24 hours in all five boroughs.[56]

But there have been accusations of systematic trial delays,[57][58] especially with regards to the New York City stop-and-frisk program.[59] The Bronx criminal courts were responsible for more than half of the cases in New York City's criminal courts that were over two years old, and for two-thirds of the defendants waiting for their trials in jail for more than five years.[60] Out of more than 11,000 misdemeanor cases pending in 2012 in the Bronx, there were 300 misdemeanor trials.[59]

New York City's use of remand (pre-trial detention) has also been criticized.[61] Almost without exception, New York judges only set two kinds of bail at arraignment, straight cash or commercial bail bond, while other options exist such as partially secured bonds, which only require a tenth of the full amount as a down payment, and unsecured bonds, which don't require any up front payment.[62][63][64] The New York City Criminal Justice Agency has stated that only 44 percent of defendants offered bail are released before their case concludes.[61] A report by Human Rights Watch found that among defendants arrested in New York City in 2008 on nonfelony charges who had bail set at $1,000 or less, 87 percent were jailed because they were unable to post the bail amount at their arraignment, and that 39 percent of the city's jail population consisted of pre-trial detainees who were in jail because they had not posted bail.[61][65][66] A report by the Vera Institute of Justice concluded that, in Manhattan, black and Latino defendants were more likely to be held in jail before trial and more likely to be offered plea bargains that include a prison sentence than whites and Asians charged with the same crimes.[67]

It is said that excessive pre-trial detention and the accompanying systematic trial delays are used to pressure defendants to accept plea bargains.[63][68][69][70]

In June 2014 it was reported that Brooklyn's change to a more wealthy, more Caucasian population has had a negative effect for defendants in the criminal cases of Brooklyn, which is largely composed of minorities, and reductions in awards in civil cases. It was called the Williamsburg effect because of that neighborhood's gentrification. Brooklyn defense lawyer Julie Clark said that these new jurors are "much more trusting of police." Another lawyer, Arthur Aidala said:

"Now, the grand juries have more law-and-order types in there.... People who can afford to live in Brooklyn now don't have the experience of police officers throwing them against cars and searching them. A person who just moves here from Wisconsin or Wyoming, they can't relate to [that]. It doesn't sound credible to them."[71]

Brooklyn district attorney Kenneth P. Thompson has argued that most people don't understand how summons court operates, resulting in missed court dates and automatic bench warrants; that the omission of race and ethnicity information on the summons form should be remedied, to provide statistics of summons recipients; that poor access to public defenders by indigent persons in summons courts raises serious due process concerns; and that the city needs to overhaul its summons system, to handle quality-of-life infractions better and in a timely manner.[42]

History[edit]

The state DMV Traffic Violations Bureau (TVB), which adjudicates non-parking traffic violations, and the city DOF Parking Violations Bureau, which adjudicates parking violations, were created in 1969–1970 to offload a large volume of cases from the Criminal Court.[72]

See also[edit]

References[edit]

  1. ^ a b The New York State Courts: An Introductory Guide (PDF). New York State Office of Court Administration. 2000. p. 4. OCLC 68710274. 
  2. ^ The New York State Courts: An Introductory Guide (PDF). New York State Office of Court Administration. 2010. p. 2. OCLC 668081412. 
  3. ^ New York City Criminal Court Act § 20
  4. ^ a b c d e f g h i j k l m NYCBA and NYCLA 1993.
  5. ^ a b Sullivan, Ronald (27 April 1990). "Judge Orders Arraignments In 24 Hours". The New York Times. 
  6. ^ a b Sack, Kevin (27 March 1991). "Ruling Forces New York to Release Or Arraign Suspects in 24 Hours". The New York Times. 
  7. ^ New York County Lawyers' Association (2011). New York City Criminal Courts Manual. New York County Lawyers' Association. pp. 10–11, 96. ISBN 978-1-105-20162-2. 
  8. ^ Weiser, Benjamin (November 26, 2002). "Same Walk, Nicer Shoes; Parading of Executives in Custody Fuels New Debate". The New York Times. Retrieved May 26, 2011. 
  9. ^ Tierney, John (October 30, 1994). "THE BIG CITY; Walking the Walk". The New York Times Magazine. Retrieved May 23, 2011. 
  10. ^ Harden, Blaine (February 27, 1999). "Parading of Suspects Is Evolving Tradition; Halted After a Judge's Ruling, 'Perp Walks' Are Likely to Be Revived—in Some Form". The New York Times. Retrieved May 22, 2011. 
  11. ^ Roberts, Sam (May 19, 2011). "An American Rite: Suspects on Parade (Bring a Raincoat)". The New York Times. Retrieved May 22, 2011. 
  12. ^ NYCLA 2011, pp. 17-18.
  13. ^ NYCLA 2011, p. 19.
  14. ^ NYCLA 2011, p. 32.
  15. ^ NYCLA 2011, p. 20.
  16. ^ Schreibersdorf, Lisa (17 June 2015), BDS Testifies at NYC Council Oversight Hearing on New York's Bail System and the Need for Reform (PDF), Brooklyn Defender Services, p. 3 
  17. ^ a b c Annual Report 2013, p. 37.
  18. ^ NYCLA 2011, pp. 67-71.
  19. ^ a b NYCLA 2011, pp. 59-60.
  20. ^ a b Criminal Procedure Law § 30.30
  21. ^ McKinley Jr., James C. (October 1, 2015). "State's Chief Judge, Citing 'Injustice,' Lays Out Plans to Alter Bail System". The New York Times. 
  22. ^ Keshner, Andrew (December 14, 2015). "Misdemeanor Bail Reviews Beginning in New York City". New York Law Journal. 
  23. ^ Barry, Justin A. (10 December 2015), Memorandum Re Bail Review (PDF) – via Kings County Criminal Bar Association 
  24. ^ NYCLA 2011, pp. 21-23.
  25. ^ Criminal Procedure Law § 180.80
  26. ^ a b Annual Report 2013, p. 48.
  27. ^ a b c Ryley, Sarah; Bult, Laura; Gregorian, Dareh (4 August 2014). "Daily News analysis finds racial disparities in summonses for minor violations in 'broken windows' policing". New York Daily News. 
  28. ^ a b Youth Represent. "Proposed Pro Bono Opportunity Between MoFo and Youth Represent" (PDF). Equal Justice Works. Retrieved 21 November 2015. 
  29. ^ a b Wallace, Jonathan (May 2015), "Poor People's Courts", The Ethical Spectical 
  30. ^ Annual Report 2013, pp. 18-19.
  31. ^ a b c d Annual Report 2013, p. 42.
  32. ^ "Problem Solving Courts Overview". New York Office of Court Administration. Retrieved 1 December 2014. 
  33. ^ "New York City Criminal Court - Special Projects". New York Office of Court Administration. Retrieved 23 November 2014. The Midtown Community Court, part of the Criminal Court of the City of New York, arraigns defendants who are arrested in Times Square, Clinton and Chelsea areas of the city and charged with any non-felony offense. 
  34. ^ a b Annual Report 2013, p. 53.
  35. ^ Pakes, Francis; Winstone, Jane (2013). "Community justice: the smell of fresh bread". Community Justice: Issues for probation and criminal justice. Willan Publishing. ISBN 1-84392-128-6. 
  36. ^ a b c Annual Report 2013, p. 47.
  37. ^ a b c d People v. Vial, 132 Misc.2d 5 (1986)
  38. ^ Annual Report 2013, p. 31.
  39. ^ Staples, Brent (16 June 2012). "Inside the Warped World of Summons Court". The New York Times. 
  40. ^ Goldstein, Joseph (9 November 2014). "Marijuana May Mean Ticket, Not Arrest, in New York City". The New York Times. 
  41. ^ Baker, Al (10 November 2014). "Concerns in Criminal Justice System as New York City Eases Marijuana Policy". The New York Times. 
  42. ^ a b Thompson, Kenneth P. (21 November 2014). "Will Pot Pack New York’s Courts?". The New York Times. 
  43. ^ NYCLA 2011, p. 4.
  44. ^ a b "Court Administration". New York State Office of Court Administration. Retrieved 1 September 2014. 
  45. ^ "Administration of The Unified Court System". New York State Office of Court Administration. Retrieved 17 October 2014. 
  46. ^ "Court Administration - Local Administrators". New York State Office of Court Administration. Retrieved 26 December 2015. 
  47. ^ a b c New York City Bar Association Special Committee to Encourage Judicial Service (2012). How To Become a Judge (PDF). New York City Bar Association. pp. 3–6. 
  48. ^ New York City Criminal Court Act § 22(2)
  49. ^ New York City Bar Association Council on Judicial Administration (March 2014). Judicial Selection Methods in the State of New York: A Guide to Understanding and Getting Involved in the Selection Process (PDF). New York City Bar Association. pp. 9–10, 12, 13. 
  50. ^ Judiciary Law article 22. Criminal Procedure Law § 350.20, 255.20. Vehicle and Traffic Law § 1690.
  51. ^ New York County Lawyers' Association (2011). New York City Criminal Courts Manual. New York County Lawyers' Association. pp. 3, 6. ISBN 978-1-105-20162-2. 
  52. ^ "Caseload and Trial Capacity Issues in the Criminal Court of the City of New York" (PDF), The Record of the Association of the Bar of the City of New York 54 (6), p. 771, 1999 
  53. ^ 22 NYCRR part 122
  54. ^ NYCLA 2011, p. 6.
  55. ^ Wright, Eisha N. (27 March 2015). Report on the Fiscal 2016 Preliminary Budget: Courts and Legal Aid Society / Indigent Defense Services (PDF). New York City Council Finance Division. 
  56. ^ McKinley Jr., James C. (19 March 2014). "New York Courts Cut Time Between Arrest and Arraignment". The New York Times. 
  57. ^ Glaberson, William (15 April 2013). "Courts in Slow Motion, Aided by the Defense". The New York Times. p. A1. 
  58. ^ Glaberson, William (16 April 2013). "For 3 Years After Killing, Evidence Fades as a Suspect Sits in Jail". The New York Times. p. A1. 
  59. ^ a b Glaberson, William (1 May 2013). "Even for Minor Crimes in Bronx, No Guarantee of Getting a Trial". The New York Times. p. A1. 
  60. ^ Glaberson, William (14 April 2013). "Waiting Years for Day in Court". The New York Times. p. A1. 
  61. ^ a b c Buettner, Russ (5 February 2013). "Top Judge Says Bail in New York Isn't Safe or Fair". The New York Times. 
  62. ^ Criminal Procedure Law § 520.10
  63. ^ a b Pinto, Nick (25 April 2012). "Bail is Busted: How Jail Really Works". The Village Voice. 
  64. ^ The Editorial Board (10 July 2015). "Trapped by New York’s Bail System". The New York Times. 
  65. ^ "New York City: Bail Penalizes the Poor: Thousands Accused of Minor Crimes Spend Time in Pretrial Detention". Human Rights Watch. 3 December 2010. 
  66. ^ Fellner, Jamie (2010). The Price of Freedom: Bail and Pretrial Detention of Low Income Nonfelony Defendants in New York City. Human Rights Watch. ISBN 1-56432-718-3. 
  67. ^ McKinley Jr., James C. (8 July 2014). "Study Finds Racial Disparity in Criminal Prosecutions". The New York Times. 
  68. ^ Gonnerman, Jennifer (6 October 2014). "Before the Law". The New Yorker. 
  69. ^ "Accused of Stealing a Backpack, High School Student Jailed for Nearly Three Years Without Trial". Democracy Now!. 1 October 2014. 
  70. ^ Brooklyn Defender Services (8 August 2015), Memorandum of Support: S5988 (Squadron) / A7841 (Aubry) 'Kalief's Law' (PDF), It is an open secret that prosecutors use pre-trial detention to extract plea agreements involving admissions of guilt from defendants. 
  71. ^ Saul, Josh (16 June 2014). "When Brooklyn juries gentrify, defendants lose". New York Post. 
  72. ^ Zimmerman, Joseph F. (2008). The Government and Politics of New York State (2nd ed.). SUNY Press. p. 232. ISBN 978-0-7914-7435-8. 

External links[edit]