may be, or in the city and county of New York to the keeper of the city prison of the city of New York ']. 66 66 'City of Albany [or as the case may be], the 'By order of the court. day of 18. "E.F., Clerk. [AM'D BY CHAP. 880 OF 1895. In effect Jan. 1, 1896.] § 478. Service of the bench warrant.—The bench warrant may be served in any county, in the same manner as a warrant of arrest; except that when served in another county it need not be indorsed by a magistrate of that county. --- § 479. Id. Whether the bench warrant be served in the county in which it was issued, or in another county, the officer must arrest the defendant and bring him before the court, or commit him to the officer mentioned in the warrant, according to the command thereof. § 480. Arraignment of defendant for judgment.—-When the defendant appears for judgment, he must be asked by the clerk whether he have any legal cause to show why judgment should not be pronounced against him. In capital cases this must appear upon the record. Graham. People, 63 Barb. 468; 6 Lans. 149; see Messner v. People, 45 N. Y. 1; Hilderbrand v. People, 1 Hun, 19; aff'd 56 N. Y. 394; People v. Druse, 103 N. Y. 655; 5 N. Y. Cr. 23; Safford v. People, 1 Park. 471; People v. McGeery, 6 id. 653; McCue v. Com. 78 Penn. St. 185; 21 Am. Rep. 7; State v Jennings, 24 Kan. 659; State v. Trezevant, 20 S. C. 363; 47 Am. Rep 840; Jones v. State, 51 Miss. 718; 24 Am. Rep 658; Bressler v. State, 117 Ill. 424. § 481. What cause may be shown against the judgment.—He may show for cause, against the judgment, 1. That he is insane; and if, in the opinion of the court, there be reasonable ground for believing him to be insane, the question of his insanity must be tried as provided by this Code. If, upon the trial of that question, it is found that he is sane, judgment must be pronounced; but if found insane, he must be committed to the state lunatic asylum until he becomes sane; and when notice is given of that fact, he must be brought before the court for judgment; 2. That he has good cause to offer, either in arrest of judgment, or for a new trial; in which case the court may, in its discretion, order the judgment to be deferred, and proceed to decide upon the motion in arrest of judgment or for a new trial. People v. Osterhout, 34 Hun, 262; People v. Menken, 36 id. 90; 3 N. Y. Cr. 446; People v. McElvaine, 125 N. Y. 600 § 482. If no sufficient cause shown, judgment, etc.— If no sufficient cause be alleged, or appear to the court why judgment should not he pronounced,, it must thereupon be rendered. On a plea of guilty, court may give a general judgment applicable to any count. Polinsky v. People, 11 Hun, 390; 73 N. Y. 65. Court may suspend judgment. People v. Graves, 2 N. Y Cr. 123; People v. Morisette, 20 How. Pr. 118. Term. People v. Bauer, 37 Hun, 407; People ex rel. Van Houten v. Sadler, 97 N. Y. 146; People v. Harrington, 15 Abb. N. C. 161; 3 N. Y. Cr. 139. People v. Everhardt, 104 N. Y. 591; 2 Sil. (Ct. App.), 506. § 483. Court may summarily inquire into circumstances, etc. -After a plea or verdict of guilty, in a case where a discretion is conferred upon the court as to the extent of the punishment, the court may, in its discretion, hear the same summarily at a specified time, and upon such notice to the adverse party as it may direct. At such specified times, if it shall appear by the record and the circumstances of any person convicted of crime, that there are circumstances in mitigation of the punishment, the court shall have power, in its discretion, to place the defendant on probation in the manner following: 1. The court upon suspending sentence, may place such person on probation during such suspension under the charge and supervision of the probation officer appointed by said court. When practicable, any 'child under the age of sixteen years, placed on probation, shall be placed with a probation officer of the same religious faith as that of the child's parents. The parents, guardian or master of such child, if the child has any, shall be summoned by the magistrate to attend any examination or trial of such child, and to be present in court when the child is placed on probation and informed by the court of the action taken in such case. 2. If the judgment is to pay a fine and that the defendant be imprisoned until it be paid, the court, upon imposing sentence, may direct that the execution of the sentence of imprisonment be suspended for such period of time, and on such terms and conditions as it shall determine, and shall place such defendant on probation under the charge and supervision of a probation officer during such suspension, provided, however, that upon payment of the fine being made, the judgment shall be satisfied and the probation cease. 3. At any time during the probationary term of a person convicted and released on probation in accordance with the provisions of this section, the court before which, or the justice before whom, the person so convicted was convicted, or his successor, may, in its or his discretion, revoke and terminate such probation. Upon such revocation and termination, the court may, if the sentence had been suspended, pronounce judgment at any time thereafter within the longest pericd for which the defendant might have been sentenced, or, if judgment has been pronounced and the execution thereof has been suspended, the court may revoke such suspension, whereupon the judgment shall be in full force and effect for its unexpired term. [Am'd by ch. 372 of 1901. In effect Sept. 1, 1901. Am'd by ch. 274 of 1903. In effect April 24, 1903. Also by ch. 613 of 1903. In effect Sept. 1, 1903. Am'd by ch. 656 of 1905. In effect Sept. 1, 1905.] See also chap. 137 of 1903. In $ 484. Judgment to pay fine.-The power to remit a fine imposed by any court, whether of record or not of record, imposed for any criminal offense whatever, shall only be exercised as in this section provided. Any court of record, except an inferior court of local jurisdiction, which has imposed a fine for any criminal offense, or the presiding judge thereof, or any judge authorized to preside therein, shall have power in his discretion, on five days' notice to the district attorney of the county in which said fine was imposed, to remit such fine or any portion thereof. case of a fine imposed by a court not of record or by any inferior court of local jurisdiction for any criminal offense whatever, the county judge of the county in which the fine was imposed, and in case of a fine imposed by such a court in the city of New York, the court of general sessions, or any judge thereof, upon five days' notice to the district attorney of the county in which such fine was imposed, shall have the same power. A judgment that the defendant pay a fine may also direct that he be imprisoned until the fine be satisfied, specifying the extent of the imprisonment, which cannot exceed one day for every one dollar of the fine. [AM'D CH. 434 OF 1886.] See $718, post. Matter of Hoffman, 1 N. Y. Cr. 484; People ex rel. Stokes v. Risley, 38 Hun, 281; 4 N. Y. Cr. 110; Matter of Bray, 31 N. Y. St. Rep. 643. $485. The judgment-roll.-When judgment upon a conviction is rendered, the clerk must enter the same upon the minutes, stating briefly the offense for which the conviction has been had; and must, upon the service upon him of notice of appeal, immediately annex together, and file the following papers, which constitute the judgment-roll: 1. A copy of the minutes of a challenge interposed by the defendant to a grand juror, and the proceedings and decision thereon. 2. The indictment and a copy of the minutes of the plea or de murrer. 3. A copy of the minutes of a challenge, which may have been interposed to the panel of the trial jury, or to a juror who participated in the verdict, and the proceedings and decision thereon. 4. A copy of the minutes of the trial. 5. A copy of the minutes of the judgment. 6. A copy of the minutes of any proceedings upon a motion either for a new trial or in arrest of judgment. 7. The case, if there is one. 8. When the judgment is of death, the clerk, upon the settling and filing of the case, must forthwith cause to be prepared and printed, a d forwarded to the clerk of the court of appeals, the number of copies of the judgment-rell which are required by the rules of the court of appeals, and three copies shall also be furnished to the defendant's attorney, three to the district attorney, and one to the governor of the state, and the remainder shall be distributed according to the rules of the court of appeals. The expense of preparing and printing the judgment-roll in such case, shall be a county charge pay. able out of the court fund upon the certificate of the county clerk, approved by the county judge or a justice of the supreme court resid ing in the county in which the conviction was had. CH. 427 of 1897. In effect May 14, 1897.] [AM'D BY Not to contain names or testimony of witnesses. People, etc. v. Nelson, 16 Hun, 214. Subd. 1. People v. Petmecky, 2 N. Y. Cr. 450; 99 N. Y. 415. No appeal before judgment-roll tiled. People v. Havens, 3 N. Y. Cr. 286. People v. Ostrander, 29 Hun, 519; People v. Callahan, id 580; People v. Petra, 30 id. 102; People v. Bork, 31 id 367; People v. Osterhout, 34 id. 262; People v Mangano, 29 id. 263; People v. Joyce, 4 N. Y. Cr. 344, 348; People v. Bradner, 107 N Y. 1, 11; People v. O'Neil, 47 Hun, 155; People v. O'Donnell, 46 id. 358; People v. Sharp. 45 id. 504; People v. Beckwith, 42 id. 368; People v. Carlton, 115 N. Y 618; People v. McQuade, 110 id. 284; 21 Abb. N. C. 448; People v Schad, 58 Hun, 572; People v. Trezza, 128 N. Y. 532; People v. Noonan, 38 N. Y. St. Rep. 857. CHAPTER II. THE EXECUTION, SEC. 486. Authority for the execution of a judgment, except of death. 488. Judgment of imprisonment, by whom and how exccuted. 490. Same. § 486. Authority for the execution of a judgment, etc.- When a judgment, except of death, has been pronounced, a certified copy of the entry thereof upon the minutes must be forthwith furnished to the officer whose duty it is to execute the judgment; and no other warrant or authority is necessary to justify or require its execution. People v. Kelly, 2 N. Y. Cr. 428; People ex rel. Trainor v. Baker, 89 N. Y. 460; People v. Bradner, 107 N. Y. 12; People ex rel. Evans v. McEwen, 2 N. Y. Cr. 307; 67 How. 105; People v. Holmes, 41Î Hun, 55. § 487. Commitment of the defendant -If the judgment be imprisonment, or a fine and imprisonment until it be paid, the defendant must forth with be committed to the custody of the proper officer, and by him detained, until the judgment be complied with. Where, however, the court has suspended sentence or where after imposing sentence, the court has suspended the execution thereof and placed the defendant on probation, as provided in section four hundred and eighty-three of the code of criminal procedure, the defendant must forthwith be placed under the care and supervision of the probation officer of the court committing him until the expiration of the period of probation and the compliance with the terms and conditions of the sentence or of the suspension thereof. Where, however, the probation has been terminated, as provided in paragraph four of section four hundred and eighty-three of the code of criminal procedure, and the suspension of the sentence or of the execution revoked, and the judgment pronounced the defendant must forthwith be committed to the custody of the proper oflicer and by him detained until the judgment be complied with. Amended by ch. 372 of 1901. In effect September 1, 1901. Imprisonment before sentence does not apply. People v. Warden, etc. 66 N. Y. 345. Misdemeanors. Peeple v. Lincoln, 25 Hun, 306, overruling, People v. McEwen, 62 How. Pr. 226. People v. O'Neil, 47 Hun, 156; People ex rel. Trainor v. Baker, 89 N. Y. 461. Matter of Hoffman, 1 N. Y. Cr. 484. $488. Judgment of imprisonment, by whom and how executed. When the judgment is imprisonment in a county jail, or a fine, and that the defendant be imprisoned until it be paid, the judgment must be executed by the sheriff of the county. In ali other cases, when the sentence is imprisonment, the sheriff of the county must deliver the defendant to the proper officer, in execution of the judgment. The judgment, not the mittimus, holds prisoner. People ex rel. Trainor v. Baker; 89 N. Y. 460; 2 N. Y. Cr. 307. People v. Lincoln, 25 Hun, 306. $489. Duty of sheriff-If the judgment be imprisonment, except in a county jail the sheriff must deliver a copy of the entry of the judgment upon the minutes of the court, together with the body of the defendant, to the keeper of the prison, in which the defendant is to be imprisoned. § 490. Id. -The sheriff or his deputy, while conveying the defendant to the proper prison, in execution of a judgment of imprisonment, has the same authority to require the assistance of any citizen of this state, in securing the defendant, and in retaking him if he escape, as if the sheriff were in his own county; and every person who refuses or neglects to assist the sheriff, when so required, is punishable, as if the sheriff were in his own county. TITLE X. General Provisions in Relation to the Punishment of Crimes. CHAP. 1. The death penalty. 2. Second offenses, habitual criminals, and special penal discipline. CHAPTER I. SEC. 191. Death warrant. 492. Time of execution. 493. Judge must transmit certain papers to govenor. 495. Governor only to reprieve, etc. 496. If convict becomes insane, sheriff to impanel jury. 498. Inquisition, etc 499. Sheriff to transmit inquisition to governor, etc. 500 If female convict is pregnant, etc. 501. Inquisition, etc. 502. Sheriff to transmit inquisition to governor, etc. 503 When day of execution is passed, etc. 504. Court to inquire, etc. 505. Death penalty; mode of infliction. 506. Id; where inflicted. 507. Id.; persons present, etc. 508. Id.; certificate after execution. 509. Id.; disability of warden. § 491. Death warrant. - When a defendant is sentenced to the punishment of death, the judge or judges holding the court at which the conviction takes place, or a majority of them, of whom the judge presiding must be one, must make out, sign and deliver to the sheriff of the county, a warrant stating the conviction and sentence, and appointing the week within which sentence must be executed. Said warrant must be directed to the agent and warden of the state prison of this state designated by law as the place of confinement for convicts sentenced to imprisonment in a state prison in the judicial district wherein such conviction has taken place, commanding such agent and warden to do execution of the sentence upon some day within the week thus appointed. Within ten days after the issuing of such warrant the said sheriff must deliver the defendant, together with the warrant, to the agent and warden of the state prison therein named. From the time of said delivery to the said agent and warden, until the infliction of the punishment of death upon him, unless he shall be lawfully discharged from such imprisonment, the defendant shall be kept in solitary confinement at said state prison, and no person shall be allowed access to him without an order of the court, cxcept the officers of the prison. his counsel, his physician, a priest or minister of religion, if he shall desire one, and the members of his family. [IN EFFECT JAN. 1, 1889. AM D CH. 489 OF 1888. SEE §§ 10, 11 AND 12, ID. FOLLOWING § 509 POST.] People ex rel Trezza v. Brush, 60 Hun, 401; People ex rel. Kemmler. Durston, 119 N. Y. 575; People v. Nolan, 115 N. Y., 660; 2 Sil. (Ct. App.) 898. |