§ 219. Witness may be conditionally examined on behalf of people. A witness may be conditionally examined on behalf of the people in the manner and with the effect provided by title twelve, chapter three of this Code, for taking examination of witnesses conditionally on behalf of the defendant. A copy of the order and affidavit upon which the application is made, together with notice of the time and place where the examination is to be taken, shall be served on the defendant, and his counsel, if he have any, at least two days before the time fixed for such examination, and the defendant may be present personally upon such examination to confront the witness produced against him, if the defendant have no counsel the order shall contain a provision assigning counsel to him for the purpose of such examination, upon whom a copy of said order, affidavit and notice shall be served. People v. Fish (1891), 8 Crim. Rep. 129; People v. Bromwich (1909), 135 App. Div. 67. § 220. Justices' criminal docket. Every justice of the peace and every police or other special justice appointed or elected in a city, village or town other than in the city and county of New York, shall forthwith enter correctly at the time thereof, full minutes of all business done before him as such justice and as a court of special sessions in criminal actions and in criminal proceedings and including cases of felony, in a book to be furnished to him by the clerk of the city, village or town where he shall reside, and which shall be designated "justices' criminal docket," and shall be at all times open for inspection to the public. Such docket shall be and remain the property of the city, village or town of the residence of such justice, and at the expiration of the term of office of such justice, if in a city shall remain on file in the police office of such justice, or in the office of the police clerk, and if in a village or town shall be forthwith filed by him in the office of the clerk of such village or town. The minutes in every such docket shall state the names of the witnesses sworn and their places of residence, and if in a city, the street and house number; and every proceeding had before him. It shall be the duty of every justice of the peace and every polic or other special justice in villages and towns, at least once a year and upon the last audit day of such village or town, to present his docket to the auditing board of said village or town, which board shall examine the said docket, and enter in the minutes of its proceedings the fact that such docket book has been duly examined, and that the fines therein collected have been turned over to the proper officials of the village or town as required by law. Any wilfully fail to make and enter in such docket forthwith, the entries by this section required to be made or to exhibit such docket when reasonably required, or present his docket to the auditing board as herein required, shall be guilty of a misdemeanor and shall, upon conviction, in addition to the punishment provided by law for a misdemeanor forfeit his office. (Amended by L. 1910, ch. 268, in effect Sept. 1, 1910.) People v. Fish (1891), 8 Crim. Rep. 129; In re Whyard, 106 N. Y. Supp. 401; People v. Zabor (1904), 44 Misc. 640, 90 N. Y. Supp. 412. § 221. Magistrate to return depositions, etc. Whenever a magistrate has discharged a defendant, or has held him to answer, as provided in sections two hundred and seven and two hundred and eight, he must, within five days thereafter, return to the clerk of the supreme court or county court, or other court having power to inquire into the offenses by the intervention of a grand jury, the warrant, if any, the depositions, the statement of the defendant, if he have made one, and all undertakings of bail, or for the appearance of witnesses, taken by him. In the city. of New York such return shall be made, in the case of all misdemeanors, except charges of libel, to the district attorney of the county wherein the offense charged was committed. Except in a county containing or wholly contained in a city of the first class, any such magistrate, within five days after so discharging or holding a defendant, must also return to the district attorney of the county a statement of the name and address of the defendant, the crime charged, the name and address of the informant, and the names and addresses of all of the witnesses subpoenaed or sworn upon the examination, or who have made depositions in support of the information. Matter of Ramscar (1882), 1 Crim. Rep. 35; People v. Clark (1891), 6 Crim. Rep. 192; People v. Spier (1907), 120 App. Div. 787; People v. Zabor, (1904), 44 Misc. 636, 88 N. Y. Supp. 412; People v. Dillon (1910), 197 N. Y. 254, 260, 264, 265. § 221-a. Recognizances and other papers to be filed. Every recognizance taken by any court, or by any magistrate, coroner or other officer, to appear and answer at any court, and the complaint, inquisition, affidavits and other papers upon which such recognizances is founded, shall be filed in the office of the clerk of the court at which the party is thereby recognized to appear, within ten days after the same is so taken. (Added by L. 1909. ch. 66, § 1. In effect Feb. 17, 1909.) TITLE IV. OF PROCEEDINGS AFTER COMMITMENT, AND BEFORE INDICT CHAPTER I. Preliminary provisions. MENT. II. Formation of the grand jury; its powers and duties. CHAPTER I. PRELIMINARY PROVISIONS. SECTION 222. Crimes; how prosecuted. 222a. District attorney to issue precept to sheriff. 222b. Contents of precept. 222c. Duty of sheriff on receipt of precept. 222d. Persons not indicted to be discharged. § 222. Crimes; how prosecuted. All crimes prosecuted in the supreme court, or in a county court, or in a city court, must be prosecuted by indictment. (Amended by L. 1895, ch. 880. In effect Jan. 1, 1896.) People v. Warden, 112 N. Y. Supp. 493. § 222-a. District attorney to issue precept to sheriff. The district attorney of every county, at least twenty days before the time appointed for the holding of a trial term of the supreme court in his county, shall issue a precept to be tested and sealed, in the same manner as process issued out of the supreme court, and to be directed to the sheriff of his county. (Added by L. 1909, ch. 66, § 1. In effect Feb. 17, 1909.) Derivation: 2 R. S. 206, § 37. § 222-b. Contents of precept. Every such precept shall mention the time and place at which such court is to be held, and shall command the said sheriff: 1. To summon the several persons who shall have been drawn in his county, pursuant to law, to serve as grand and petit jurors 2. To bring before the said court, all prisoners then being in the jail of such county, together with all process and proceedings any way concerning them in the hands of such sheriff; 3. To make proclamation in the manner prescribed by law notifying all persons bound to appear at the said court, by recognizance, or otherwise, to appear thereat; and requiring all justices of the peace, coroners, and other officers who have taken any recognizance for the appearance of any person at such court, or who have taken any inquisition, or the examination of any prisoner or witness, to return such recognizances, inquisitions and examinations, to the said court, at the opening thereof, on the first day of its sitting. (Added by L. 1909, ch. 66, § 1. In effect Feb. 17, 1909.) Derivation: 2 R. S. 206, § 38. § 222-c. Duty of sheriff on receipt of precept. The sheriff to whom any such precept shall be directed and delivered, immediately on the receipt thereof, shall cause a proclamation in conformity thereto, signed by him, to be published once in each week, until the sitting of the court, in one or more of the newspapers printed in the said county. The expense of such publication shall be a county charge. (Added by L. 1909, ch. 66, § 1. In effect Feb. 17, 1909.) Derivation: 2 R. S. 206, § 39. § 222-d. Persons not indicted to be discharged. Within twenty-four hours after the discharge of any grand jury by any supreme or county court, the court shall cause every person confined in jail on a criminal charge, who shall not have been indicted, to be discharged without bail, unless satisfactory cause shall be shown for his further detention, or if the case may require, upon bail, until the meeting of the next grand jury in the county. (Added by L. 1909, ch. 66, § 1. In effect Feb. 17, 1909.) Derivation: County Law, L. 1892, ch. 686, § 98. CHAPTER II. FORMATION OF THE GRAND JURY, ITS POWERS AND DUTIES. SECTION 223, 224. Grand jury defined. 225, 226, 227. Grand jury, for what courts to be drawn; the order. 228. Misdescription. 229. Mode of selecting grand jurors. 229a. List of grand jurors, except in New York county. 229b. Qualifications of persons to be placed on list of grand jurors. 229d. Contents of grand jurors' list and its certification and filing. 229e. Duty of county in preparing grand jurors' ballots. 229f. Increasing the number of grand jurors to be returned. 229g. Supervisors to increase the number of grand jurors to be returned. 229h. Time and method of drawing grand jury. 2291. Manner of drawing grand jury. 229j. Sheriff to summon grand jurors. 229k. Fine to be imposed on grand jurors for neglect to attend. 2291. Discharge of person from serving as grand juror. 229m. Name of grand juror, who does not attend or is excused, to be returned to ballot box. 229n. Grand juror attending not required to serve again during year. 2290. Ballot containing name to be destroyed if grand juror is discharged on account of disqualification. 229p. Person drawn as grand juror and as trial juror, for the same term, to serve as grand juror. 229q. If new list of grand jurors is not returned to county clerk, drawing to be made from those on old list. 229r. Proceedings when less than fifty names remain in the grand jurors' box. 230. If sixteen grand jurors do not appear, etc. 231, 232, 233. Manner of designating the additional grand jurors. 234. Summoning the additional grand jurors, and compelling their attendance. 235. When new grand jury may be summoned for the same court. 236. Grand jury, how drawn when more than a sufficient number attends. 237. Who may challenge an individual grand juror. 238. Causes of discharge of the panel. 239. Causes of challenge to an individual grand juror. 240. Manner of taking and trying the challenges. 241. Decision upon the challenge. |