Section 1. Short title. This act shall be known as "The New York City Criminal Court Act."
Section 2. Definitions.
As used in this act, the following words and phrases shall have the following meanings:
(1) city--the city of New York;
(2) mayor--the mayor of the city;
(3) court--the court established by this act;
(4) judge--a judge of the court; and
(5) rule or order of court--a rule adopted or order made by an appellate division of the supreme court in the exercise of its supervisory and administrative powers over the court as provided in article seven-a of the judiciary law.
Article 2 Organization and Administration
Section 20. The court constituted.
The criminal court of the city of New York is hereby established as a single, city-wide court, as provided by sections one and fifteen of article six of the constitution; it shall be a part of the unified court system for the state, and a court of record with such power and jurisdiction as are herein or elsewhere provided by law. It shall consist of the number of justices of the court of special sessions of the city of New York and magistrates of the city magistrates' courts of the city of New York authorized by law on the first day of March, nineteen hundred sixty-two. Each of the justices of the court of special sessions of the city of New York and each of the magistrates of the magistrates' courts of the city of New York in office on the first day of September, nineteen hundred sixty-two shall, until the last day of the year in which the term for which he was appointed would otherwise have expired, be a judge of the criminal court of the city of New York. In addition to the judges provided for herein, there shall be twenty-nine additional judges of the criminal court. Such additional judges shall receive the same compensation as the existing judges of the criminal court of the city of New York.
Section 21. Administration.
(1) As provided by section twenty-eight of article six of the constitution and article seven-A of the judiciary law, the appellate divisions of the supreme court in the first and second judicial departments shall supervise the administration and operation of the court in their respective departments, either separately or jointly; provided, however, that if the administrative board shall so direct, a single administrative judge shall be designated by the appellate divisions or the administrative board as provided by law to administer and regulate the operations of the court.
(2) All salaries of the judicial and non-judicial personnel of the court and all other expenses of the court whatsoever shall be a city charge. The governing body of the city shall annually include in its final estimate such sums as may be necessary to pay such salaries and expenses. All budgetary appropriations made by the city for the use and requirements of the court of special sessions of the city of New York and the city magistrates' courts of the city of New York for the fiscal year of the city in which this act shall take effect, and unexpended balances thereof for prior years, shall be, so far as needed, vested in and transferred to the use of the court. The court shall continue to occupy and use the courtrooms and other parts of court and other buildings occupied by such other courts until such time as other proper and adequate quarters are provided; and all furniture, equipment, supplies and other property and services in the custody or use of or allotted to such other courts on the effective date of this act shall respectively be vested in and transferred to the use of the court.
Section 22. Judges of the court.
(1) Each of the judges of the court shall be a resident of the city. No person, other than one who holds such office on the first day of September, nineteen hundred sixty-two, may assume the office of judge of the court unless he has been admitted to practice law in this state at least ten years.
(2) As vacancies in the office of judge occur, the mayor shall fill such vacancies by appointment. Each such appointment shall be for a term of ten years except that when a vacancy shall occur otherwise than by expiration of term on the last day of December of any year, the appointment shall be for the unexpired term. The mayor shall make a certificate of each appointment which shall state the title of the office, the name of the appointee and the term for which he is appointed. Certified copies of the certificate shall be filed in the offices of the city clerk and of the appellate divisions of the supreme court having supervisory and administrative powers over the court, and the original shall be delivered to the appointee.
(4) No judge of the court appointed after the first day of September, nineteen hundred sixty-two shall hold any of the offices or trusts, or engage in any of the activities, prohibited by section twenty (b) of article six of the constitution. Judges in office or appointed on that date shall be subject to the provisions of section one hundred sixty-one of the New York city criminal courts act, as last amended prior to its repeal herein, for the period ending the thirty-first day of August, nineteen hundred sixty-three, and thereafter shall be subject to the said constitutional provision in every respect.
(5) The judges of the court shall be subject to removal and compulsory retirement in the manner provided in the judiciary law.
Section 23. Chief and deputy chief clerks; other admistrative matters.
(1) There shall be a chief clerk of the court. The chief clerk and such other non-judicial personnel as shall be authorized by rule or order of court shall each have the power to administer oaths, take acknowledgments and sign the process of the court under the seal thereof. Other persons may also be authorized by rule or order of court to administer oaths.
(2) The chief clerk shall keep the seal of the court, on which shall be engraved the arms of the state and the words "Criminal Court of the City of New York," and shall cause it to be affixed to the process of the court and to certificates issuing therefrom.
(3) All fines paid into and received by the court shall be paid over to the commissioner of finance of the city on or before the fifth day of the following month, at which time the court shall cause a statement or statements of fines received to be filed with the comptroller and the commissioner of finance of the city.
Article 3 Jurisdiction and Powers
Section 30. Judges are magistrates.
The judges of the court are magistrates and shall have and exercise all the jurisdiction and powers, not inconsistent with this act, which are conferred by law upon magistrates and police justices under the provisions of the code of criminal procedure and which were conferred by law upon city magistrates of the city of New York on the first day of April, nineteen hundred ten. Notwithstanding any provision of law, when sitting as magistrates, each of the judges of the court shall have jurisdiction throughout the city, and may perform any and all of the duties and functions of a magistrate in and for any one of the counties in the city.
Section 31. Jurisdiction.
The court and the judges thereof, except as otherwise provided in this act, shall have jurisdiction with respect to crimes and offenses committed within the city of New York, as follows:
(1) To hear, try, and determine all charges of misdemeanor, except charges of libel;
(2) To hear, try, and determine all offenses of a grade less than misdemeanor.
Article 4 Procedure
Section 41. Practice and procedure.
(1) Unless otherwise specifically prescribed, the practice and procedure in this court is governed by the criminal procedure law.
(2) The appellate divisions of the first and second judicial departments shall jointly adopt rules to implement and facilitate practice and procedure in the court, consistent with standards and policies adopted by the administrative board of the judicial conference. Such rules shall be uniform to the extent practicable. The administrative board may promulgate such uniform rule or rules in the event the appellate divisions are unable to agree.
Article 5 Miscellaneous Provisions Affecting Cases in Which Judge Sits as Magistrate
Section 50. Complaints; not to be prepared in courtroom.
Provision shall be made at all times in each part of the court in which a judge is sitting as a magistrate whereby the clerk, the clerk's assistants or other employees whose duty it is to prepare complaints shall have proper accommodations and the necessary room or rooms separate from but convenient to the room in which the court is held, and therein shall be at all times conspicuously posted a notice legibly printed in English, Spanish, Italian and Yiddish, respectively, and such other language as a rule or order of court shall prescribe, to the effect that any person to whom permission is refused to make and verify a complaint and who is thereby aggrieved will be heard upon application to the judge in person before the closing of the pending session of the court. It shall be the duty of each such judge before opening and again before closing a session to cause to be intelligibly announced to all persons in and about his courtroom that the court will then and there hear all complaints which have not been taken by the complaint clerk.