New York City Criminal Court
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The Criminal Court of the City of New York is a court of the State Unified Court System in
New York City New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...
that handles
misdemeanor A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than adm ...
s (generally,
crimes In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Can ...
punishable by fine or imprisonment of up to one year) and lesser offenses, and also conducts
arraignment Arraignment is a formal reading of a criminal charging document in the presence of the defendant, to inform them of the charges against them. In response to arraignment, the accused is expected to enter a plea. Acceptable pleas vary among jurisd ...
s (initial court appearances following arrest) and preliminary hearings in
felony A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
cases (generally, more serious offenses punishable by imprisonment of more than one year). It is a single citywide court. The Deputy Chief Administrative Judge for the New York City Courts is responsible for overseeing the day-to-day operations of the NYC trial-level courts, and works with the Administrative Judge of the Criminal Court in order to allocate and assign judicial and nonjudicial personnel resources. One hundred seven judges may be appointed by the
Mayor In many countries, a mayor is the highest-ranking official in a municipal government such as that of a city or a town. Worldwide, there is a wide variance in local laws and customs regarding the powers and responsibilities of a mayor as well a ...
to ten-year terms, but most of those appointed have been transferred to other courts by the Office of Court Administration.


Criminal procedure

Most people who are
arrest An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questi ...
ed and
prosecuted A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial ...
in New York City will appear before a Criminal Court judge for
arraignment Arraignment is a formal reading of a criminal charging document in the presence of the defendant, to inform them of the charges against them. In response to arraignment, the accused is expected to enter a plea. Acceptable pleas vary among jurisd ...
. The New York
Criminal Procedure Law Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or i ...
(CPL) is the primary
criminal procedure Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or ...
law. Felonies are heard by the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
. Some violations and other issues are adjudicated by other city and state
administrative court An administrative court is a type of court specializing in administrative law, particularly disputes concerning the exercise of public power. Their role is to ascertain that official acts are consistent with the law. Such courts are considered s ...
s, e.g., Krimstock hearings are conducted by the city
Office of Administrative Trials and Hearings The New York City Office of Administrative Trials and Hearings (OATH) is an administrative office of the New York City government. It is a non-mayoral executive agency and is not part of the state Unified Court System. Administrative trials nei ...
, parking violations are adjudicated by the city DOF Parking Violations Bureau, and non-parking traffic violations are adjudicated by the state DMV
Traffic Violations Bureau The Traffic Violations Bureau (TVB) is an administrative court of the New York State Department of Motor Vehicles that adjudicates non-criminal traffic violations (other than parking violations) in New York City.Vehicle and Traffic Law article 2- ...
.


Arrest to arraignment

New York police officers may
arrest An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questi ...
someone they have reason to believe has committed a
felony A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
,
misdemeanor A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than adm ...
, or violation, or pursuant to an
arrest warrant An arrest warrant is a warrant issued by a judge or magistrate on behalf of the state, which authorizes the arrest and detention of an individual, or the search and seizure of an individual's property. Canada Arrest warrants are issued by a j ...
. Those arrested are booked at "central booking" and interviewed by a representative of the Criminal Justice Agency for the purposes of recommending bail or remand at arraignment. In New York state, the time from arrest to arraignment must be within 24 hours. Police may also release a person with an ''appearance ticket'' directing a defendant to appear for arraignment in the future: with a
desk appearance ticket In New York City, a desk appearance ticket (DAT) is an order to appear in the New York City Criminal Court for an arraignment. Details A person who receives a DAT has been arrested. The DAT is simply one of two alternative means by which a per ...
(DAT) after arrest, or a
universal summons Universal is the adjective for universe. Universal may also refer to: Companies * NBCUniversal, a media and entertainment company ** Universal Animation Studios, an American Animation studio, and a subsidiary of NBCUniversal ** Universal TV, a t ...
without arrest. At
arraignment Arraignment is a formal reading of a criminal charging document in the presence of the defendant, to inform them of the charges against them. In response to arraignment, the accused is expected to enter a plea. Acceptable pleas vary among jurisd ...
, the accused is informed of the charges against them and submits a
plea In legal terms, a plea is simply an answer to a claim made by someone in a criminal case under common law using the adversarial system. Colloquially, a plea has come to mean the assertion by a defendant at arraignment, or otherwise in response ...
(and may accept a
plea bargain A plea bargain (also plea agreement or plea deal) is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or '' nolo contendere.'' This may mean that the defendan ...
). The accused have a right to a lawyer. Arraignments are held every day from 9:00am to 1:00am. At arraignment the prosecutor may also provides defense counsel with certain "notices", such as notices about
police lineup A police lineup (in American English) or identity parade (in British English) is a process by which a crime victim or witness's putative identification of a suspect is confirmed to a level that can count as evidence (law), evidence at trial. T ...
s and statements made by the defendant to police. After notices are served, the prosecutor may ask, for certain offenses, the court to keep the accused in jail ( remanded) or released on
bail Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countries ...
. Otherwise, the accused is released on their own
recognizance In some common law nations, a recognizance is a conditional pledge of money undertaken by a person before a court which, if the person defaults, the person or their sureties will forfeit that sum. It is an obligation of record, entered into before ...
(ROR'd) with the least restrictive conditions necessary to reasonably assure the person will come back to court. If the accused is released, the accused must appear in court every time their case is calendared (scheduled for a court hearing), and if they fail to appear the judge may forfeit their bail and issue a
bench warrant An arrest warrant is a warrant issued by a judge or magistrate on behalf of the state, which authorizes the arrest and detention of an individual, or the search and seizure of an individual's property. Canada Arrest warrants are issued by a ju ...
for their arrest, although judges may excuse defendants from having to show up at every court appearance. The decision to set bail and the amount of bail to set are discretionary, and the central issue regarding bail is insuring the defendant's future appearances in court; factors to be taken into consideration are defined in . In practice, bail amounts are typically linked to charge severity rather than risk of
failure to appear A "failure to appear" (FTA) occurs when a defendant or respondent does not come before a tribunal as directed in a summons. FTAs are also known as "bail jumping." In the United States, FTAs are punishable by fines, incarceration, or both when com ...
in court, judges overwhelmingly rely only on cash bail and commercial bail bonds instead of other forms of bail, and courts rarely inquire into the defendant's financial resources to understand what amount of bail might be securable by them.


Felony indictment

For those accused of a
felony A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
, their case is sent to a court part where felony cases await the action of the
grand jury A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a pe ...
. If the grand jury finds that there is enough evidence that the accused has committed a crime, it may file an
indictment An indictment ( ) is a formal accusation that a legal person, person has committed a crime. In jurisdictions that use the concept of felony, felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concep ...
. If the accused waives their right to a grand jury, the prosecutor will file a Superior Court Information (SCI). If the grand jury votes an indictment, the case will be transferred from Criminal Court to the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
for another arraignment. This arraignment is similar to the arraignment in Criminal Court, and if the accused does not submit a guilty plea, the case will be adjourned to a calendar part. Felony defendants must be released on day if they haven't been indicted, which is to say that unless a grand jury has indicted the defendant and a hearing has commenced within 120 hours/5 days (with an additional 24 hours allowed for weekends and holidays, i.e., 144 hours/6 days), or proof that the indictment was voted within 120 hours, and unless the delay was due to a request of the defendant, and absent a compelling reason for the prosecution's delay, the defendant must be released on their own recognizance (ROR'd).


Pre-trial

A bail review in Supreme Court may be requested by misdemeanor defendants who cannot make bail at the day appearance (the five- to six-day deadline for conversion of a complaint to an information), normally to be scheduled three business days after the appearance. The government must be ready for trial within 6 months for a felony, 90 days for a class A misdemeanor, 60 days for a class B misdemeanor, and within 30 days for a violation, subject to excluded periods (ready rule). A defendant must be released on bail or ROR'd if they are in jail after a specified time of pretrial detention (bail review): within 90 days for a felony, within 30 days for an at-least-3-months misdemeanor, within 15 days for a maximum-3-months misdemeanor, and within 5 days for a violation, subject to excluded periods.
Plea bargain A plea bargain (also plea agreement or plea deal) is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or '' nolo contendere.'' This may mean that the defendan ...
negotiations take place in the AP Parts prior to the case being in a trial-ready posture, and depending upon caseloads, the judges in the AP Parts may conduct pre-trial and felony motion hearings. The most common pre-trial evidence suppression hearings are '' Mapp'' ( warrantless searches and
probable cause In United States criminal law, probable cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant. There is no universally accepted definition o ...
), '' Dunaway'' (confessions), '' Huntley'' (
Miranda rights In the United States, the ''Miranda'' warning is a type of notification customarily given by police to criminal suspects in police custody (or in a custodial interrogation) advising them of their right to silence and, in effect, protection fr ...
), ''
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'' (identification evidence like lineups), and ''
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'' ( ''Terry'' stops) hearings. Trial Parts also conduct pre-trial motion hearings, including ''
Sandoval Sandoval is a habitational surname of Spanish origin. It primarily originates from Sandoval de la Reina, Spain, earlier called ''Sannoval'', which is a blend word of Latin ''saltus'' (meaning 'grove' or 'wood') and Latin ''novalis'' (meaning 'newl ...
'' (
witness impeachment Witness impeachment, in the law of evidence of the United States, is the process of calling into question the credibility of an individual testifying in a trial. The Federal Rules of Evidence contain the rules governing impeachment in US federal ...
) and '' Molineux'' (admissibility of prior uncharged crimes) hearings. Once pretrial hearings are completed, the case is considered ready for trial and will usually be transferred to a courtroom that specializes in handling trials.


Trial

In New York State, only those individuals charged with a serious crime, defined as one where the defendant faces more than six months in jail, are entitled to a
jury trial A jury trial, or trial by jury, is a Trial, legal proceeding in which a jury makes a decision or Question of law, findings of fact. It is distinguished from a bench trial in which a judge or Judicial panel, panel of judges makes all decisions. ...
; those defendants facing six months' incarceration or less are entitled to a
bench trial A bench trial is a trial by judge, as opposed to a trial by jury. The term applies most appropriately to any administrative hearing in relation to a summary offense to distinguish the type of trial. Many legal systems (Roman, Islamic) use bench ...
before a judge. Defendants in summons court may waive their right to a trial before a judge and have the trial held by a judicial hearing officer.


Appeal

Appeals are to the Appellate Terms of the New York Supreme Court, established separately in the First Department (Manhattan and the Bronx) and Second Department (Brooklyn, Queens, and Staten Island) of the Appellate Division.


Structure

There are several specialized parts of the Criminal Court which handle specific subject areas.


Summons court

The Summons All Purpose Part (SAP) hears cases brought to court by universal summonses issued by law enforcement personnel.People v. Vial, (1986) Summons court handles low-level offenses. Defendants may waive their right to a trial before a judge and have the trial held by a judicial hearing officer. The District Attorney does not staff the SAP Part. The
NYPD The New York City Police Department (NYPD), officially the City of New York Police Department, established on May 23, 1845, is the primary municipal law enforcement agency within the City of New York, the largest and one of the oldest in ...
's Legal Bureau has a memorandum of understanding with the
Manhattan District Attorney The New York County District Attorney, also known as the Manhattan District Attorney, is the elected district attorney for New York County (Manhattan), New York. The office is responsible for the prosecution of violations of New York state laws ...
allowing the NYPD to selectively prosecute summons court cases. The summons court is sometimes called the "People's Court" because Criminal Court judges routinely authorize summonses and informations based upon the sworn allegations of private citizens who seek redress for criminal acts against them, and the entire proceeding is generally one of private or court-conducted trial.


Problem-solving courts

The state court system has a number of problem-solving courts. The
Midtown Community Court The Midtown Community Court is a part of the New York City Criminal Court that focuses on quality-of-life offenses, such as prostitution, shoplifting, farebeating and vandalism, with a view toward rehabilitation instead of punishment. For example ...
is a
community court In several countries including Australia, the United States, the United Kingdom, Canada, and South Africa, a community court is a neighborhood-focused problem-solving court that applies a problem-solving approach to local crime and safety conc ...
which arraigns defendants who are arrested in the
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,
Hell's Kitchen Hell's Kitchen, also known as Clinton, is a neighborhood on the West Side of Midtown Manhattan in New York City. It is considered to be bordered by 34th Street (or 41st Street) to the south, 59th Street to the north, Eighth Avenue to the eas ...
, and
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neighborhoods and charged with any non-felony offense. The
Red Hook Community Justice Center The Criminal Court of the City of New York is a court of the State Unified Court System in New York City that handles misdemeanors (generally, crimes punishable by fine or imprisonment of up to one year) and lesser offenses, and also conducts ar ...
is a multi-jurisdictional community court in
Red Hook, Brooklyn Red Hook is a neighborhood in northwestern Brooklyn, New York City, New York, within the area once known as South Brooklyn. It is located on a peninsula projecting into the Upper New York Bay and is bounded by the Gowanus Expressway and the Car ...
, for example hearing family, civil and criminal "quality of life" cases, as well as youth court, and uses mediation, restitution, community service orders and drug treatment. Criminal Court operates domestic violence or "DV" courts within every county. Domestic violence courts are forums that focus on crimes related to domestic violence and abuse and improving the administration of justice surrounding these types of crimes. The Bronx, Brooklyn, Manhattan and Queens operates DV Complexes, which include an All-Purpose Part and Trial Parts dedicated to adjudicating these types of crimes, while in Richmond all DV cases are heard in the regular AP Part.


Other

Defendants arraigned on felony or misdemeanor complaints are initially arraigned in the arraignment part of the Criminal Court. The all-purpose or "AP" parts are the motion parts of the Criminal Court. Plea bargain negotiations take place in these courtrooms prior to the case being in a trial-ready posture, and depending upon caseloads the judges in the AP Parts may conduct pre-trial hearings, felony hearings, and bench trials. Criminal Court has preliminary jurisdiction over felony cases filed in New York City, and retains jurisdiction of the felony cases until a grand jury hears the case and indicts the defendant. Defendants charged with felonies are arraigned in the Criminal Court arraignment parts and cases are then usually sent to a felony waiver part to await grand jury action. Felony waiver parts are staffed by Criminal Court judges designated as Acting Supreme Court Justices. Felony waiver parts also hear motions, bail applications, and extradition matters. Trial Parts in the Criminal Court handle most of the trials, although some trials are conducted in the AP parts.


Administration

The court is supervised by an Administrator, or Administrative Judge if a judge. The Deputy Chief Administrator for the New York City Courts, or Deputy Chief Administrative Judge if a judge, is responsible for overseeing the day-to-day operations of the trial-level courts located in New York City, and works with the Administrator of the Criminal Court in order to allocate and assign judicial and nonjudicial personnel resources to meet the needs and goals of those courts. The Criminal Court Administrator is assisted by Supervising Judges who are responsible in the on-site management of the trial courts, including court caseloads, personnel, and budget administration, and each manage a particular type of court within a county or judicial district. The chief clerk assists the administrators in carrying out their responsibilities for supervising the day-to-day operations of the trial courts. The Criminal Court Act made the City responsible for costs for personnel etc. The court is not included in the
New York State Courts Electronic Filing System The New York State Courts Electronic Filing System (NYSCEF) is the electronic court filing (e-filing) system used in the New York State Unified Court System. E-filing in criminal cases in the Supreme Court and County Court may be authorized by the ...
(NYSCEF). The City Barbr>Criminal Courts Committee
studies the workings of the Criminal Court, while the City Ba
Criminal Justice Operations Committee
and the NYSBAbr>Criminal Justice Section
analyze the city criminal courts more broadly.


Personnel


Judges

New York City Criminal Court judges are appointed by the
Mayor of New York City The mayor of New York City, officially Mayor of the City of New York, is head of the executive branch of the government of New York City and the chief executive of New York City. The mayor's office administers all city services, public property ...
to 10-year terms from a list of candidates submitted by the Mayor's Advisory Committee on the Judiciary. The Mayor's Advisory Committee is composed of up to nineteen members, all of whom are volunteers and are appointed with the Mayor's approval: the Mayor selects nine members; the Chief Judge of the New York Court of Appeals nominates four members; the Presiding Justices of the Appellate Divisions of the Supreme Court for the First and Second Judicial Departments each nominate two members; and deans of the law schools within New York City, on an annual rotating basis, each nominate one member. In addition, the Committee on the Judiciary of the
New York City Bar Association The New York City Bar Association (City Bar), founded in 1870, is a voluntary association of lawyers and law students. Since 1896, the organization, formally known as the Association of the Bar of the City of New York, has been headquartered in a ...
, in conjunction with the county bar association in the relevant county, investigates and evaluates the qualifications of all candidates for judicial office in New York City. Once a judge is appointed by the Mayor to the Criminal Court, they can be transferred from one court to another by the Office of Court Administration, and after two years' service in the lower courts, they may be designated by the
Chief Administrator of the Courts The New York State Chief Administrator of the Courts (or Chief Administrative Judge of the Courts if a judge) oversees the administration and operation of the New York State Unified Court System. They are appointed by the Chief Judge of New York ...
as an Acting Supreme Court Justice with the same jurisdiction as a Supreme Court Justice upon consultation and agreement with the presiding justice of the appropriate Appellate Division. The mayor may appoint 107 Criminal Court judges, but only about 73 to 74 currently work in Criminal Court: 46 of these are mayorally appointed Criminal Court judges, and the remaining 27 are Civil Court judges (some elected and some mayorally appointed) assigned to Criminal Court; the other approximately 60 mayorally appointed Criminal Court judges have been designated Acting Supreme Court judges to sit in Supreme Court hearing felony cases.Alt URL
/ref>


Judicial hearing officers

Judicial hearing officers (JHOs) adjudicate most summons court (SAP Part) cases, assist in compliance parts in domestic violence cases, and in the
New York Supreme Court The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civ ...
monitor substance abuse program defendants, conduct pre-trial suppression hearings and make recommended findings of fact and law to sitting judges. JHOs are appointed by the
Chief Administrator The head of government is the highest or the second-highest official in the executive branch of a sovereign state, a federated state, or a self-governing colony, autonomous region, or other government who often presides over a cabinet, a gro ...
.


Attorneys

By law, the city must provide criminal representation by any combination of a public defender, legal aid society, and/or panel of qualified lawyers (pursuant to County Lawbr>Article 18-B
. The
Legal Aid Society The Legal Aid Society is a 501(c)(3) non-profit legal aid provider based in New York City. Founded in 1876, it is the oldest and largest provider of legal aid in the United States. Its attorneys provide representation on criminal and civil matt ...
is contracted as the city's primary provider of criminal legal aid, along with
New York County Defender Services New is an adjective referring to something recently made, discovered, or created. New or NEW may refer to: Music * New, singer of K-pop group The Boyz Albums and EPs * ''New'' (album), by Paul McCartney, 2013 * ''New'' (EP), by Regurgitator, ...
in Manhattan,
Brooklyn Defender Services Brooklyn () is a borough of New York City, coextensive with Kings County, in the U.S. state of New York. Kings County is the most populous county in the State of New York, and the second-most densely populated county in the United States, behi ...
in Brooklyn,
The Bronx Defenders The Bronx Defenders is a public defender office located in the South Bronx neighborhood of New York City. At the Bronx Defenders, criminal defense lawyers work together with civil lawyers, family defense lawyers, immigration lawyers, non-attorne ...
in the Bronx, Queens Defenders in Queens, and the
Neighborhood Defender Service A neighbourhood (British English, Irish English, Australian English and Canadian English) or neighborhood (American English; see spelling differences) is a geographically localised community within a larger city, town, suburb or rural ar ...
in northern Manhattan. For a comparison of relative activity in 2009, legal aid societies handled 290,251 cases of which 568 went to trial, whereas 18-B lawyers represented 42,212 defendants of which 623 went to trial. The District Attorney does not staff the summons court (SAP Part), and the summons court proceedings are generally one of a private or court-conducted trial. District attorneys are legally permitted to delegate the prosecution of petty crimes or offenses, and the
NYPD The New York City Police Department (NYPD), officially the City of New York Police Department, established on May 23, 1845, is the primary municipal law enforcement agency within the City of New York, the largest and one of the oldest in ...
's Legal Bureau has a memorandum of understanding with the district attorneys, at least in Manhattan, allowing the NYPD to selectively prosecute summons court cases.


Analysis and criticism

The Court of Appeals ruled in 1991 that most people arrested must be released if they are not arraigned within 24 hours. In 2013, for the first time since 2001, the average time it took to arraign defendants fell below 24 hours in all five boroughs. But there have been accusations of systematic trial delays, especially with regards to the
New York City stop-and-frisk program New is an adjective referring to something recently made, discovered, or created. New or NEW may refer to: Music * New, singer of K-pop group The Boyz Albums and EPs * ''New'' (album), by Paul McCartney, 2013 * ''New'' (EP), by Regurgitator, ...
. Out of more than 11,000 misdemeanor cases pending in 2012 in the Bronx, there were 300 misdemeanor trials. The Bronx criminal courts were responsible for more than half of the cases in New York City's criminal courts that were over two years old, and for two-thirds of the defendants waiting for their trials in jail for more than five years. In 2016, councilman
Rory Lancman Rory Lancman (born March 4, 1969) is an American politician and former member of the New York City Council, representing the 24th district from 2014 until 2020. He is a Democrat. The district includes Briarwood, Cunningham Park, Flushing, F ...
, noting that only about half of the about 107 appointed Criminal Court judges currently serve because the Chief Administrative Judge and Office of Court Administration have transferred them to Supreme Court to hear felony cases, said major reasons for the backlogs were a shortage of judges, court officers and courtrooms; a haphazard discovery process that frustrates timely plea deal negotiations; and a speedy trial statute unique to New York that allows the parties to game the system. ''
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
''
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has criticized the Criminal Court judges for rarely excusing defendants from having to show up at every court appearance, as allowed by law, instead requiring them "to return to court every several weeks and spend all day waiting for their cases to be called, only to be told that the proceedings are being put off for another month ... eaningthese defendants miss work, lose wages and in some cases their jobs." New York City's use of remand (pre-trial detention) has also been criticized. Almost without exception, New York judges only set two kinds of
bail Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countries ...
at arraignment, straight cash or commercial bail bond, while other options exist such as partially secured bonds, which only require a tenth of the full amount as a
down payment Down payment (also called a deposit in British English), is an initial up-front partial payment for the purchase of expensive items/services such as a car or a house. It is usually paid in cash or equivalent at the time of finalizing the transactio ...
to the court (and presumably refunded when redeemed), and unsecured bonds, which don't require any up front payment. The
New York City Criminal Justice Agency New is an adjective referring to something recently made, discovered, or created. New or NEW may refer to: Music * New, singer of K-pop group The Boyz Albums and EPs * ''New'' (album), by Paul McCartney, 2013 * ''New'' (EP), by Regurgitator, ...
has stated that only 44 percent of defendants offered bail are released before their case concludes. A report by
Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human r ...
found that among defendants arrested in New York City in 2008 on nonfelony charges who had bail set at $1,000 or less, 87 percent were jailed because they were unable to post the bail amount at their
arraignment Arraignment is a formal reading of a criminal charging document in the presence of the defendant, to inform them of the charges against them. In response to arraignment, the accused is expected to enter a plea. Acceptable pleas vary among jurisd ...
, and that 39 percent of the city's jail population consisted of pre-trial detainees who were in jail because they had not posted bail. A report by the
Vera Institute of Justice The Vera Institute of Justice, founded in 1961, is an independent nonprofit national research and policy organization in the United States. Based primarily in New York City, Vera also has offices in Washington, DC, and describes its goal as "to t ...
concluded that, in Manhattan, black and Latino defendants were more likely to be held in jail before trial and more likely to be offered plea bargains that include a prison sentence than whites and Asians charged with the same crimes. It is said that excessive pre-trial detention and the accompanying systematic trial delays are used to pressure defendants to accept
plea bargains A plea bargain (also plea agreement or plea deal) is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or '' nolo contendere.'' This may mean that the defend ...
. In June 2014 it was reported that
Brooklyn Brooklyn () is a borough of New York City, coextensive with Kings County, in the U.S. state of New York. Kings County is the most populous county in the State of New York, and the second-most densely populated county in the United States, be ...
's change to a more wealthy, more Caucasian population has had a negative effect for defendants in the criminal cases of Brooklyn, which is largely composed of minorities, and reductions in awards in civil cases. It was called the Williamsburg effect because of that neighborhood's gentrification. Brooklyn defense lawyer Julie Clark said that these new jurors are "much more trusting of police." Another lawyer, Arthur Aidala said: Brooklyn district attorney Kenneth P. Thompson had argued that most people don't understand how summons court operates, resulting in missed court dates and automatic bench warrants; that the omission of race and ethnicity information on the summons form should be remedied, to provide statistics of summons recipients; that poor access to public defenders by indigent persons in summons courts raises serious due process concerns; and that the city needs to overhaul its summons system, to handle quality-of-life infractions better and in a timely manner.


History

The Court of Special Sessions was created in 1744, from a court created in 1732. (The New York County
Court of General Sessions A court of general sessions was a type of court originally established as a colonial court of quarter sessions in the British North American colonies. Some of these courts continued in some form after Canada and the United States became independen ...
tried felonies as a county court, whereas Bronx, Kings, Queens, and Richmond counties had a regular
County Court A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions (subnational entities) within a country, not to be confused with the medieval system of ''county courts'' held by the high ...
.) The
New York City Court of Special Sessions New is an adjective referring to something recently made, discovered, or created. New or NEW may refer to: Music * New, singer of K-pop group The Boyz Albums and EPs * ''New'' (album), by Paul McCartney, 2013 * ''New'' (EP), by Regurgitator, ...
tried misdemeanors like other cities'
police courts In England and Wales, a magistrates' court is a lower court which hears matters relating to summary offences and some triable either-way matters. Some civil law issues are also decided here, notably family proceedings. In 2015, there were ro ...
, and the
New York City Magistrates' Courts New is an adjective referring to something recently made, discovered, or created. New or NEW may refer to: Music * New, singer of K-pop group The Boyz (South Korean band), The Boyz Albums and EPs * New (album), ''New'' (album), by Paul McCartn ...
tried petty criminal cases. The Criminal Court was established effective 1 September 1962 by the New York City Criminal Court Act of the 173rd New York State Legislature and Governor
Nelson Rockefeller Nelson Aldrich Rockefeller (July 8, 1908 – January 26, 1979), sometimes referred to by his nickname Rocky, was an American businessman and politician who served as the 41st vice president of the United States from 1974 to 1977. A member of t ...
, replacing the City Magistrates' Courts and the Court of Special Sessions. (The work and personnel of the New York County Court of General Sessions, and the County Court in Bronx, Kings, Queens, and Richmond counties, were transferred to the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
.) In 1969–1970, extrajudicial
administrative court An administrative court is a type of court specializing in administrative law, particularly disputes concerning the exercise of public power. Their role is to ascertain that official acts are consistent with the law. Such courts are considered s ...
s were created to offload a large volume of cases from the Criminal Court: the state DMV
Traffic Violations Bureau The Traffic Violations Bureau (TVB) is an administrative court of the New York State Department of Motor Vehicles that adjudicates non-criminal traffic violations (other than parking violations) in New York City.Vehicle and Traffic Law article 2- ...
(TVB), which adjudicates non-parking traffic violations, and the city DOF Parking Violations Bureau, which adjudicates parking violations. Though the state had created Narcotics Parts (N Parts) in the city's Supreme Court in 1971, in 1993 the Criminal Court implemented its first problem-solving court in the
Midtown Community Court The Midtown Community Court is a part of the New York City Criminal Court that focuses on quality-of-life offenses, such as prostitution, shoplifting, farebeating and vandalism, with a view toward rehabilitation instead of punishment. For example ...
.


See also

*
New York City Civil Court The Civil Court of the City of New York is a civil court of the New York State Unified Court System in New York City that decides lawsuits involving claims for damages up to $25,000 and includes a small claims part (small claims court) for cases i ...
*
Government of New York City The government of New York City, headquartered at New York City Hall in Lower Manhattan, is organized under the New York City Charter and provides for a mayor-council system. The mayor is elected to a four-year term and is responsible for the ...
*
Law of New York (state) The law of New York consists of several levels, including constitutional, statutory, regulatory and case law, and also includes local laws, ordinances, and regulations. The '' Consolidated Laws'' form the general statutory law. The Constit ...


Citations


General and cited references

* Chapter 697, enacted 24 April 1962, effective 1 September 1962. Senate Bill, Introductory Number 3716, Printed Number 4674. * * *


External links


Legal Referral Service
(a
lawyer referral service A lawyer referral service maintains a network of lawyers, and connects people in need of lawyers with its participating attorneys. A potential client who contacts a lawyer referral service is directed to a lawyer who practices in the area of law t ...
) from the
New York City Bar Association The New York City Bar Association (City Bar), founded in 1870, is a voluntary association of lawyers and law students. Since 1896, the organization, formally known as the Association of the Bar of the City of New York, has been headquartered in a ...

New York City Criminal Court
official webpage on the
New York State Unified Court System The Judiciary of New York (officially the New York State Unified Court System) is the judicial branch of the Government of New York, comprising all the courts of the State of New York (excluding extrajudicial administrative courts). The Court of ...
website
Inmate Lookup Service
of the NYCDOC {{Authority control Government of New York City New York (state) state courts Municipal courts 1962 establishments in New York City Courts and tribunals established in 1962