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the former being amended, and the latter repealed. Through a mistake in copying the proposed amendment to § 666, the section, as it was then amended, left a large class of cases unprovided for. The word 'ten,' in the fourth line of subd. 1, has been changed to 'five,' so that where the punishment for a first conviction would be six, seven, eight, nine, or ten years, some penalty shall attach; for as the section was amended in 1903, a second conviction for an offense punishable, say by seven, or even ten years, entailed no penalty."

4. Amended by Stats. 1909, p. 360, the only change being in the introductory paragraph.

§ 667. Second offenses, not petit, punishment for. Every person who, having been convicted of any offense punishable by imprisonment in the state prison, and having served a term therefor in any penal institution, commits any crime after such conviction, is punishable therefor as follows:

1. If the offense of which such person is subsequently convicted is such that, upon a first conviction, an offender would be punishable by imprisonment in the state prison, such person is punishable by imprisonment in the state. prison for the maximum period for which he might have been sentenced, if such offense had been his first offense.

2. If the subsequent conviction is for petit larceny, then the person convicted of such subsequent offense is punishable by imprisonment in the state prison not exceeding five years, provided, however, that any person who has been, or who shall hereafter be, sentenced to the state prison shall be subject to parole by the state board of prison directors, under the restrictions now provided by law for the parole of first-term prisoners, any act to the contrary notwithstanding.

Legislation § 667. 1. Enacted February 14, 1872 (based on Field's Draft, § 750, N. Y. Pen. Code, §§ 688, 693), and then read: "Every person who, having been convicted of petit larceny, or of an attempt to commit an offense which, if perpetrated, would be punishable by imprisonment in the state prison, commits any crime after such conviction, is punishable as follows: 1. If the subsequent offense is such that, upon a first conviction, the offender would be punishable by imprisonment in the state prison for life, at the discretion of the court, such person is punishable by imprisonment in such prison during life. 2. If the subsequent offense is such that, upon a first conviction, the offender would be punishable by imprisonment in the state prison for any term less than for life, such person is punishable by imprisonment in such prison for the longest term prescribed, upon a conviction for such first offense. 3. If the subsequent conviction is for petit larceny, or for an attempt to commit an offense which, if perpetrated, would be punishable by imprisonment in the state prison, then such person is punishable by impris onment in such prison not exceeding five years."

2. Repealed by Stats. 1903, p. 108.

3. Added as a new section by Stats. 1909, p. 364.

§ 668. Foreign conviction for former offense. Every person who has been convicted in any other state, government, or country, of an offense which, if committed within this state, would be punishable by the laws of this state by imprisonment in the state prison, is punishable for any subsequent crime committed within this state in the manner prescribed in the last two sections, and to the same extent as if such first conviction had taken place in a court of this state. Foreign conviction or acquittal: See ante, § 656.

Legislation § 668. Enacted February 14, 1872; almost identical with Field's Draft, § 751, N. Y. Pen. Code, § 679.

§ 669. Second term of imprisonment, when to commence. When any person is convicted of two or more crimes before sentence has been pronounced upon him for either, the imprisonment to which he is sentenced upon the second or other subsequent conviction must commence at the termination of the first term of imprisonment to which he shall be adjudged, or at the termination of the second or other subsequent term of imprisonment, as the case may be.

Legislation § 669. Enacted February 14. 1872; identical with Field's Draft, § 752, N. Y. Pen. Code, § 694.

$670. When term of imprisonment commences, etc. The term of imprisonment fixed by the judgment in a criminal action commences to run only upon the actual delivery of the defendant at the place of imprisonment, and if thereafter, during such term, the defendant by any legal means is temporarily released from such imprisonment and subsequently returned thereto, the time during which he was at large must not be computed as part of such term.

Legislation § 670. Enacted February 14, 1872.

§ 671. Imprisonment for life. Whenever any person is declared punishable for a crime by imprisonment in the state prison for a term not less than any specified number of years, and no limit to the duration of such imprisonment is declared, the court authorized to pronounce judgment upon. such conviction may, in its discretion, sentence such offender to imprisonment during his natural life, or for any number of years not less than that prescribed.

Legislation § 671. Enacted February 14, 1872; based on Field's Draft, § 753, N. Y. Pen. Code, § 696.

§ 672. Fine may be added to imprisonment. Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed, the court may impose a fine on the offender not ex

ceeding two hundred dollars, in addition to the imprisonment prescribed.

Legislation § 672. Enacted February 14, 1872; based on Field's Draft, § 756.

§ 673. Civil rights of convict suspended. A sentence of imprisonment in a state prison for any term less than for life suspends all the civil rights of the person so sentenced, and forfeits all public offices and all private trusts, authority, or power during such imprisonment.

Forfeiture of office on conviction of crime: See ante, § 98.

Legislation § 673. Enacted February 14, 1872; based on Field's Draft, § 757, N. Y. Pen. Code, § 707.

§ 674. Civil death.

Civil death. A person sentenced to imprisonment in the state prison for life is thereafter deemed civilly dead. Legislation § 674. Enacted February 14, 1872; based on Field's Draft, § 758, N. Y. Pen. Code, § 708.

§ 675. Civil death, limitations as to. The provisions of the last two preceding sections must not be construed to render the persons therein mentioned incompetent as witnesses upon the trial of a criminal action or proceeding, or incapable of making and acknowledging a sale or conveyance of property. [Amendment approved 1874; Code Amdts. 187374, p. 435.]

Prisoner as witness, how brought in, and proceedings on: See post, §§ 1333, 1567.

Deposition of prisoner, when and how taken: See post, § 1346.
Legislation § 675. 1. Enacted February 14, 1872.

2. Amended by Code Amdts. 1873-74, p. 435, (1) adding "last" before "two preceding sections"; (2) omitting "or to do such other acts as are permitted by law," at end of section.

3. Amendment by Stats. 1901, p. 480; unconstitutional.

§ 5, ante.

See note,

§ 676. Person of convict, protected. The person of a convict sentenced to imprisonment in the state prison is under the protection of the law, and any injury to his person, not authorized by law, is punishable in the same manner as if he was not convicted or sentenced.

Legislation § 676. Enacted February 14, 1872; identical with Field's Draft, § 759, N. Y. Pen. Code, § 709.

§ 677. Forfeitures. No conviction of any person for crime works any forfeiture of any property, except in cases in which a forfeiture is expressly imposed by law; and all forfeitures to the people of this state, in the nature of a deodand, or where any person shall flee from justice, are abolished.

Legislation § 677. Enacted February 14, 1872; based on Field's Draft, § 760, N. Y. Pen. Code, § 710.

§ 678. Values in gold coin. Whenever in this code the character or grade of an offense, or its punishment, is made to depend upon the value of property, such value shall be estimated exclusively in United States gold coin.

Legislation § 678. Added by Code Amdts. 1873-74, p. 435.

§ 679. Coercion or compulsion of persons seeking employment a misdemeanor. Any person or corporation within this state, or agent or officer on behalf of such person or corporation, who shall hereafter coerce or compel any person or persons to enter into an agreement, either written or verbal, not to join or become a member of any labor organization, as a condition of such person or persons securing employment or continuing in the employment of any such person or corporation, shall be guilty of a misdemeanor.

Legislation § 679. Added by Stats. 1893, p. 176,

§ 679a. Limiting sale of convict-made goods. 1. It shall be unlawful for any person to sell, expose for sale, or offer for sale within this state, any article or articles manufactured wholly or in part by convict or other prison labor, except articles the sale of which is specifically sanctioned by law.

2. Every person selling, exposing for sale, or offering for sale any article manufactured in this state wholly or in part by convict or other prison labor, the sale of which is not specifically sanctioned by law, shall be guilty of a misde

meanor.

Legislation § 679a. Added by Stats. 1901, p. 326.

§ 680. Payment of wages to employees in a saloon or barroom. Every person who shall pay any employee his wages, or any part thereof, while such employee is in any saloon. bar-room, or other place where intoxicating liquors are sold at retail, unless said employee is employed in such saloon, bar-room, or such other place where intoxicating liquors are sold, shall be deemed guilty of a misdemeanor.

Legislation § 680. Added by Stats. 1901, p. 660.

$681. Cruel punishment in prisons prohibited. It shall be unlawful to use in the prisons or reformatory institutions of this state any cruel or unusual punishments; and punishment by the use of the straight-jacket, gag, thumbscrew, shower-bath, or the tricing-up of prisoners is hereby prohibited.

There is another section of this number. See next section.
Legislation § 681. Added by Stats. 1913, p. 1010.

TITLE I.
II.

PART 11.

CRIMINAL PROCEDURE.

PRELIMINARY PROVISIONS. §§ 681-689.
PREVENTION OF PUBLIC OFFENSES. §§ 692-734.
JUDICIAL PROCEEDINGS FOR THE REMOVAL OF PUBLIC
OFFICERS BY IMPEACHMENT OR OTHERWISE.
§§ 737-772.

III. PROCEEDINGS IN CRIMINAL ACTIONS PROSECUTED BY
INDICTMENT, TO THE COMMITMENT, INCLUSIVE.
$$ 777-883.

IV. PROCEEDINGS AFTER COMMITMENT AND BEFORE IN-
DICTMENT. §§ 888-937.

V.

VI.

THE INDICTMENT. §§ 940-972.

PLEADINGS AND PROCEEDINGS AFTER INDICTMENT AND
BEFORE THE COMMENCEMENT OF THE TRIAL.
§§ 976-1053.

VII. PROCEEDINGS AFTER THE COMMENCEMENT OF THE
TRIAL AND BEFORE JUDGMENT. §§ 1055-1188.
JUDGMENT AND EXECUTION. §§ 1191-1230.

VIII.

IX.

APPEALS TO THE SUPREME COURT. §§ 1235–1265. X. MISCELLANEOUS PROCEEDINGS. §§ 1268-1423.

XI. PROCEEDINGS IN JUSTICES' AND POLICE COURTS AND APPEALS TO THE SUPERIOR COURTS. §§ 14251470.

XII. SPECIAL PROCEEDINGS OF A CRIMINAL NATURE.
§§ 1473-1564.

XIII. PROCEEDINGS FOR Bringing PERSONS IMPRISONED IN
THE STATE PRISON, OR THE JAIL OF ANOTHER
COUNTY, BEFORE A COURT. § 1567.
DISPOSITION OF FINES AND FORFEITURES. § 1570.
(397)

XIV.

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