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New York Criminal Procedure: An Analytical Approach to Statutory, Constitutional and Case Law for Criminal Justice Professionals

NCJ Number
Christopher J. Morse
Date Published
408 pages
This book discusses the procedural requirements and processes by which criminal actions and special proceedings must be conducted within the State of New York.

Chapter 1 provides a historical background and sources of the law, an overview of the process, a basic constitutional law summary, definitions for Article 1, and information on peace officers in Article 2. Chapter 2 discusses the organization and subject matter jurisdiction of criminal courts. Chapter 3 describes the geographical jurisdiction of offenses, timeliness of prosecution and speedy trial, exemption from prosecution by reason of previous prosecution, and compulsion of evidence by offer of immunity. Chapter 4 details the rules of evidence, the use of closed circuit television for certain child witnesses, and standards of proof. In chapter 5, preliminary proceedings in local criminal court, as well as the commencement of the action, arrest, summons, fingerprinting, photographing and criminal identification, are discussed. Chapter 6 discusses local criminal court accusatory instruments, and arraignment, hearings, and dispositions. Preliminary proceedings in superior court are previewed in chapter 7. Chapter 8 describes the proceedings from plea to pre-trial motions in prosecution of indictments in superior court, and chapter 9 describes the proceedings from trial to sentence. Chapter 10 details prosecution of information in local criminal court from plea to sentence. Chapter 11 covers the sentencing phase. In chapter 12, the proceedings after judgement are discussed. Special proceedings and miscellaneous procedures are covered in chapters 13 through 18 and include bail, witnesses, testimony, evidence, and criminal actions. Illustrative cases are provided for analysis. These cases include exemption from prosecution, rules of evidence, preliminary proceedings in local criminal court and superior court, prosecution of indictments in superior court, sentencing, and special proceedings. Index


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