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| New York State
Constitution |
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Article 1 §2
- Right to trial by jury |
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Article 1 §6
- Rights to indictment by grand jury and waiver |
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| New York State
Laws and Rules Related to Jury Service |
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Criminal Procedure Law |
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Article
190 - The Grand Jury & Its Proceedings |
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Judiciary Law |
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Article 16 - Selection
of Jurors |
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Article 19 - §751.
Punishment for Criminal Contempts |
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Penal Law |
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Article 210.45
- Making a punishable false written statement |
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Rules of the Chief Administrative
Judge |
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Part
128 Uniform Rules for Instructions and Deliberation |
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| United
States Constitution |
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5th, 6th and
7th Amendments |
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New
York State Constitution
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Article
1 §2 Right to trial by jury; waiver thereof.
Trial by jury in all cases in which it has heretofore been guaranteed by constitutional
provision shall remain inviolate forever; but a jury trial may be waived by the
parties in all civil cases in the manner to be prescribed by law. The legislature
may provide, however, by law, that a verdict may be rendered by not less than
five-sixths of the jury in any civil case. A jury trial may be waived by the
defendant in all criminal cases, except those in which the crime is punishable
by death, by a written instrument signed by the defendant in person in open court
before and with the approval of a judge or justice of a court having jurisdiction
to try the offense. The legislature may enact laws, not inconsistent herewith,
governing the form, content, manner and time of presentation of the instrument
effectuating such waiver. |
Article
1 §6 Rights to indictment by grand jury and waiver
No person shall be held to answer for a capital or otherwise infamous crime (except
in cases of impeachment, and in cases of militia when in actual service, and
the land, air and naval forces in time of war, or which this state may keep with
the consent of congress in time of peace, and in cases of petit larceny under
the regulation of legislature), unless on indictment of a grand jury, except
that a person held for the action of a grand jury upon a charge for such an offense,
other than one punishable by death or life imprisonment, with the consent of
the district attorney, may waive indictment by a grand jury and consent to be
prosecuted on an information filed by the district attorney; such waiver shall
be evidenced by written instrument signed by the defendant in open court in the
presence of his counsel. In any trial in any court whatever the party accused
shall be allowed to appear and defend in person and with counsel as in civil
actions and shall be informed of the nature and cause of the accusation and be
confronted with the witnesses against him. No person shall be subject to be twice
put in jeopardy for the same offense; nor shall he be compelled in any criminal
case to be a witness against himself, providing, that any public officer who,
upon being called before a grand jury to testify concerning the conduct of his
present office or of any public office held by him within five years prior to
such grand jury call to testify, or the performance of his official duties in
any such present or prior offices, refuses to sign a waiver of immunity against
subsequent criminal prosecution, or to answer any relevant question concerning
such matters before such grand jury, and shall be removed from his present office
by the appropriate authority or shall forfeit his present office at the suit
of the attorney-general.
The power of grand juries
to inquire into the willful misconduct in office of public
officers, and to find indictments or to direct the filing
of informations in connection with such inquires, shall never
be suspended or impaired by law.
No person shall be deprived of life, liberty or property
without due process of law. |
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| New York State
Laws and Rules Related to Jury Service |
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Judiciary Law |
Article
19 - §751. Punishment for Criminal Contempts
1. Except as provided in subdivisions (2), (3) and (4), punishment for a contempt,
specified in section seven hundred fifty, may be by fine, not exceeding one thousand
dollars, or by imprisonment, not exceeding thirty days, in the jail of the county
where the court is sitting, or both, in the discretion of the court. Where the
punishment for contempt is based on a violation of an order of protection issued
under section 530.12 or 530.13 of the criminal procedure law, imprisonment may
be for a term not exceeding three months. Where a person is committed to jail,
for the nonpayment of a fine, imposed under this section, he must be discharged
at the expiration of thirty days; but where he is also committed for a definite
time, the thirty days must be computed from the expiration of the definite time.
Such a contempt, committed in the immediate view and presence of the court, may
be punished summarily; when not so committed, the party charged must be notified
of the accusation, and have a reasonable time to make a defense.
2. *(a) Where an employee organization, as defined in section two hundred one
of the civil service law, wilfully disobeys a lawful mandate of a court of record,
or wilfully offers resistance to such lawful mandate, in a case involving or
growing out of a strike in violation of subdivision one of section two hundred
ten of the civil service law, the punishment for each day that such contempt
persists may be by a fine fixed in the discretion of the court. In the case of
a government exempt from certain provisions of article fourteen of the civil
service law, pursuant to section two hundred twelve of such law, the court may,
as an additional punishment for such contempt, order forfeiture of the rights
granted pursuant to the provisions of paragraph (b) of subdivision one, and subdivision
three of section two hundred eight of such law, for such specified period of
time, as the court shall determine or, in the discretion of the court, for an
indefinite period of time subject to restoration upon application, with notice
to all interested parties, supported by proof of good faith compliance with the
requirements of subdivision one of section two hundred ten of the civil service
law since the date of such violation, such proof to include, for example, the
successful negotiation, without a violation of subdivision one of section two
hundred ten of the civil service law, of a contract covering the employees in
the unit affected by such violation; provided, however, that where a fine imposed
pursuant to this subdivision remains wholly or partly unpaid, after the exhaustion
of the cash and securities of the employee organization, such forfeiture shall
be suspended to the extent necessary for the unpaid portion of such fine to be
accumulated by the public employer and transmitted to the court. In fixing the
amount of the fine and/or duration of the forfeiture, the court shall consider
all the facts and circumstances directly related to the contempt, including,
but not limited to: (i) the extent of the wilful defiance of or a resistance
to the court's mandate (ii) the impact of the strike on the public health, safety,
and welfare of the community and (iii) the ability of the employee organization
to pay the fine imposed; and the court may consider (i) the refusal of the employee
organization or the appropriate public employer, as defined in section two hundred
one of the civil service law, or the representatives thereof, to submit to the
mediation and fact-finding procedures provided in section two hundred nine of
the civil service law and (ii) whether, if so alleged by the employee organization,
the appropriate public employer or its representatives engaged in such acts of
extreme provocation as to detract from the responsibility of the employee organization
for the strike. In determining the ability of the employee organization to pay
the fine imposed, the court shall consider both the income and the assets of
such employee organization. * NB Effective until October 1, 2009 * (a) Where
an employee organization, as defined in section two hundred one of the civil
service law, wilfully disobeys a lawful mandate of a court of record, or wilfully
offers resistance to such lawful mandate, in a case involving or growing out
of a strike in violation of subdivision one of section two hundred ten of the
civil service law, the punishment for each day that such contempt persists may
be by a fine fixed in the discretion of the court. In the case of a government
exempt from certain provisions of article fourteen of the civil service law,
pursuant to section two hundred twelve of such law, the court may, as an additional
punishment for such contempt, order forfeiture of the rights granted pursuant
to the provisions of paragraph (b) of subdivision one of section two hundred
eight of such law, for such specified period of time, as the court shall determine
or, in the discretion of the court, for an indefinite period of time subject
to restoration upon application, with notice to all interested parties, supported
by proof of good faith compliance with the requirements of subdivision one of
section two hundred ten of the civil service law since the date of such violation,
such proof to include, for example, the successful negotiation, without a violation
of subdivision one of section two hundred ten of the civil service law, of a
contract covering the employees in the unit affected by such violation; provided,
however, that where a fine imposed pursuant to this subdivision remains wholly
or partly unpaid, after the exhaustion of the cash and securities of the employee
organization, such forfeiture shall be suspended to the extent necessary for
the unpaid portion of such fine to be accumulated by the public employer and
transmitted to the court. In fixing the amount of the fine and/or duration of
the forfeiture, the court shall consider all the facts and circumstances directly
related to the contempt, including, but not limited to: (i) the extent of the
wilful defiance of or a resistance to the court's mandate (ii) the impact of
the strike on the public health, safety, and welfare of the community and (iii)
the ability of the employee organization to pay the fine imposed; and the court
may consider (i) the refusal of the employee organization or the appropriate
public employer, as defined in section two hundred one of the civil service law,
or the representatives thereof, to submit to the mediation and fact-finding procedures
provided in section two hundred nine of the civil service law and (ii) whether,
if so alleged by the employee organization, the appropriate public employer or
its representatives engaged in such acts of extreme provocation as to detract
from the responsibility of the employee organization for the strike. In determining
the ability of the employee organization to pay the fine imposed, the court shall
consider both the income and the assets of such employee organization. * NB Effective
October 1, 2009 * (b) In the event membership dues and sums equivalent to dues
are collected by the public employer as provided respectively in paragraph (b)
of subdivision one and subdivision three of section two hundred eight of the
civil service law, the books and records of such public employer shall be prima
facie evidence of the amount so collected. * NB Effective until October 1, 2009
* (b) In the event membership dues are collected by the public employer as provided
in paragraph (b) of subdivision one of section two hundred eight of the civil
service law, the books and records of such public employer shall be prima facie
evidence of the amount so collected. * NB Effective October 1, 2009 (c) (i) An
employee organization appealing an adjudication and fine for criminal contempt
imposed pursuant to subdivision two of this section, shall not be required to
pay such fine until such appeal is finally determined. (ii) The court to which
such an appeal is taken shall, on motion of any party thereto, grant a preference
in the hearing thereof.
3. (a) Where a union or hospital wilfully disobeys a lawful mandate of a court
of record, or wilfully offers resistance to such lawful mandate, in a case involving
or growing out of a violation of section seven hundred thirteen of the labor
law, the punishment for each day that such contempt persists may be by a fine
fixed in the discretion of the court. In fixing the amount of such fine, the
court shall consider all the facts and circumstances directly related to the
contempt, including, but not limited to: (i) the extent of the wilful defiance
of, or resistance to, the court's mandate (ii) the impact of the strike or lockout
on the public health, safety and welfare of the community and (iii) the ability
of the union or hospital to pay the fine imposed; and the court may consider
(i) the refusal of the union or hospital, or the representatives thereof, to
submit to or comply with, the fact-finding and arbitration procedures provided
in section seven hundred sixteen of the labor law. In determining the ability
of the union or hospital to pay the fine imposed, the court shall consider both
the income and the assets of such union or hospital. (b) A union or hospital
appealing an adjudication and fine for criminal contempt imposed pursuant to
this subdivision, shall not be required to pay such fine until such appeal is
finally determined. The court to which such an appeal is taken shall, on motion
of any party thereto, grant a preference in the hearing thereof. (c) As used
in this subdivision, "union" shall mean any labor organization or
company union as defined in section seven hundred one of the labor law, and "hospital" shall
mean any non-profit-making hospital or residential care center as defined in
that section.
4. Where any person wilfully disobeys a lawful mandate of the supreme court issued
pursuant to subdivision twelve of section sixty-three of the executive law, the
punishment for each day that such contempt persists may be by a fine fixed in
the discretion of the court, but not to exceed five thousand dollars per day.
In fixing the amount of the fine, the court shall consider all the facts and
circumstances directly related to the contempt, including, but not limited to:
(i) the extent of the wilful defiance of or resistance to the court's mandate,
(ii) the amount of gain obtained by the wilful disobedience of the mandate, and
(iii) the effect upon the public of the wilful disobedience.
5. Where any member of the news media as defined in subdivision two of section
two hundred eighteen of this chapter, willfully disobeys a lawful mandate of
a court issued pursuant to such section, the punishment for each day that such
contempt persists may be by a fine fixed in the discretion of the court, but
not to exceed five thousand dollars per day or imprisonment, not exceeding thirty
days, in the jail of the county where the court is sitting or both, in the discretion
of the court. In fixing the amount of the fine, the court shall consider all
the facts and circumstances directly related to the contempt, including, but
not limited to: (i) the extent of the willful defiance of or resistance to the
court's mandate, (ii) the amount of gain obtained by the willful disobedience
of the mandate, and (iii) the effect upon the public and the parties to the proceeding
of the willful disobedience. |
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| Penal Law |
Penal
Law Article
§210.45 Making a punishable false written statement
A person is guilty of making a punishable false written
statement when he knowingly makes a false statement, which he
does not believe to be true, in a written instrument bearing
a legally authorized form notice to the effect that false statements
made therein are punishable. Making a punishable false written
statement is a class A misdemeanor. |
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| United
States Constitution |
United
States Constitution Article V
No person shall be held to answer
for a capital, or otherwise infamous crime, unless on a presentment
or indictment of a grand jury, except in cases arising in the
land or naval forces, or in the militia, when in actual service
in time of war or public danger; nor shall any person be subject
for the same offense to be twice put in jeopardy of life or limb;
nor shall be compelled in any criminal case to be a witness against
himself, nor be deprived of life, liberty, or property, without
due process of law; nor shall private property be taken for public
use without just compensation. |
United
States Constitution Article VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and
public trial, by an impartial jury of the State and district wherein the crime
shall have been committed, which district shall have been previously ascertained
by law, and to be informed of the nature and cause of the accusation; to be confronted
with the witnesses against him; to have compulatory process for obtaining witnesses
in his favor, and to have the assistance of counsel for his defense. |
United
States Constitution Article VII
In suits at common law, where the
value in controversy shall exceed twenty dollars, the right of
trial by jury shall be preserved, and no fact tried by a jury
shall be otherwise reexamined in any court of the United States,
than according to the rules of the common law. |
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