reglab/statecodes huggingface dataset:
2023 New York Laws › JUD - Judiciary › Article 16 - Selection of Jurors › 521-A - Fees of Trial Jury.

§  521-a. Fees of trial jury. In any action or special proceeding in a
  court of the unified court  system  that  requires  a  juror's  physical
  attendance  for  more  than  thirty days, the court, by an order entered
  into the minutes, shall  notify  the  commissioner  of  jurors  of  such
  service. The commissioner of jurors, upon receipt of such order and upon
  verification  of  such  service  by  the  clerk of the court shall, upon
  conclusion of such service, authorize as an  additional  allowance,  the
  sum of six dollars per day for each and every day of physical attendance
  in excess of thirty days, wherein the court convenes. Such fees shall be
  a  state charge payable out of funds appropriated to the office of court
  administration for the purpose.
2023 New York Laws › JUD - Judiciary › Article 16 - Selection of Jurors › 522 - Appellate Divisions to Make Rules.

§  522.  Appellate divisions to make rules. The appellate divisions of
  the  supreme  court  in  each  judicial  department  shall  adopt  rules
  consistent with this article and with such standards and policies as the
  administrative board may establish in order to effectuate the policy and
  provisions of this article.
2023 New York Laws › JUD - Judiciary › Article 16 - Selection of Jurors › 523 - Sheriff's Jurors.

§  523.  Sheriff's jurors.   The county clerk of each county in a city
  having a population of one million or more shall  select  annually  from
  the  persons  qualified to act as trial jurors, the names of such number
  of persons as he deems necessary to constitute the sheriff's jurors  for
  that year.
The  county  clerk  shall  draw and summon panels of sheriff's jurors,
  upon request of the sheriff.
2023 New York Laws › JUD - Judiciary › Article 16 - Selection of Jurors › 524 - Disqualification of Former Jurors.

§  524. Disqualification of former jurors. (a) A person who has served
on a grand or petit jury in any court of the unified court system or  in
a  federal  court  shall  not  be competent to serve again as a trial or
grand juror in any court of the  unified  court  system  for  six  years
subsequent  to the last day of such service, provided, however, that any
person who serves on a grand or petit jury for more than ten days  shall
not  be  competent  to  serve  again as a trial or grand juror for eight
years subsequent to the last day of such service.
(b) Nothing contained in  this  section  shall  invalidate  a  verdict
returned  by  trial  jury or an indictment returned by a grand jury when
such trial or grand jury includes one or more trial or grand jurors  not
competent by virtue of such previous service.
(c) Notwithstanding the provisions of subdivision (a) of this section,
if  the  commissioner of jurors, after consultation with and concurrence
of the district administrative judge  or  judges,  or  in  the  counties
within the city of New York the deputy chief administrative judge, shall
determine that:
(i)  compliance  with  the  requirements  of  subdivision  (a) of this
section would be impracticable, the commissioner may reduce  the  period
of  incompetency  for persons whose service consists of fewer than three
days to a period of not less than two years; or
(ii) the period of incompetency for all jurors pursuant to subdivision
(a) of this  section  may  be  extended  without  interfering  with  the
commissioner's  ability  to  comply  with the provisions of section five
hundred eight of this article, the commissioner may increase the  period
of incompetency.
(d)  Notwithstanding the provisions of this section, the period during
which a person shall not be competent to serve as a trial or grand juror
pursuant to this section shall  be  one-half  the  period  specified  in
subdivision  (a)  or  (c)  of  this  section, as appropriate, where such
person so requests on a form to  be  provided  by  the  commissioner  of
jurors. Such a request may be submitted at any time during the period of
incompetency.
2023 New York Laws › JUD - Judiciary › Article 16 - Selection of Jurors › 525 - Trial and Grand Jurors; Duration of Service.

§  525.  Trial  and  grand  jurors; duration of service. (a) Except as
provided in subdivision (d) of this section, service of trial jurors  in
courts  of  the  unified  court system shall not be more than five court
days actual attendance or for such shorter period as the commissioner of
jurors shall determine, except that such service  shall  continue  until
the conclusion of any trial in which a juror may be engaged.
(b)  Service  of  grand  jurors  in courts of the unified court system
shall be for the duration of the term for which they  have  been  drawn,
unless  sooner  discharged;  except that if the term of a grand jury has
been extended by written order of the court having supervision  of  such
grand  jury,  service  shall  continue  until  such  grand jury has been
discharged.
(c) For the purposes of this section, actual attendance shall  include
a  juror's  actual  physical  attendance  wherein  the court convenes or
service by means of a telephone standby system  whereby  a  juror  shall
remain  available  to report for jury service upon notification by means
of telephone or other electronic communication.
(d) If  the  commissioner  of  jurors,  after  consultation  with  and
concurrence  of  the  district administrative judge or judges, or in the
counties within the city of New York  the  deputy  chief  administrative
judge,  shall  determine  that  sufficient  numbers  of potential jurors
cannot be provided to any term or part of  court  the  commissioner  may
extend  such period of jury service for such additional period as may be
necessary.
2023 New York Laws › JUD - Judiciary › Article 16 - Selection of Jurors › 526 - Presentation of Claims by Jurors and Disposition of Unclaimed Fees.

§  526.  Presentation of claims by jurors and disposition of unclaimed
  fees. All jurors who have served in a court of the unified court  system
  pursuant  to  a  duly issued summons as provided for in this article and
  are entitled to an allowance therefor must present their claims  to  the
  proper  official designated by law for the payment of juror's fees on or
  before the thirty-first of December  of  the  year  next  succeeding  or
  following  the  year in which such services were rendered and performed.
  Failure to comply with this section shall be a forfeiture of the payment
  for such claims or services. All summonses or notices issued pursuant to
  this article requiring jurors to attend at a  term  of  court  or  at  a
  session  of  the  grand  jury shall have imprinted thereon the foregoing
  provision relating to forfeiture of fees. All  moneys  or  jurors'  fees
  forfeited  by the provisions of this section shall be transferred to the
  state comptroller and applied to the fund from which they were  paid  on
  or before the first day of April, in each year.
2023 New York Laws › JUD - Judiciary › Article 16 - Selection of Jurors › 528 - Collection of Demographic Data.

§  528.  Collection  of  demographic  data. The commissioner of jurors
  shall collect demographic data for jurors who present for jury  service,
  including each juror's race and/or ethnicity, age and sex, and the chief
  administrator of the courts shall submit the data in an annual report to
  the  governor,  the  speaker of the assembly, the temporary president of
  the senate and the chief judge of the court of appeals.
2023 New York Laws › JUD - Judiciary › Article 19 - Contempts › 750 - Power of Courts to Punish for Criminal Contempts.

§ 750. Power of courts to punish for criminal contempts.
A.  A  court  of record has power to punish for a criminal contempt, a
  person guilty of any of the following acts, and no others:
1. Disorderly, contemptuous, or insolent  behavior,  committed  during
  its sitting, in its immediate view and presence, and directly tending to
  interrupt  its  proceedings,  or  to  impair  the  respect  due  to  its
  authority.
2. Breach of the peace, noise, or other disturbance, directly  tending
  to interrupt its proceedings.
3. Wilful disobedience to its lawful mandate.
4. Resistance wilfully offered to its lawful mandate.
5.  Contumacious  and  unlawful  refusal to be sworn as a witness; or,
  after being sworn, to answer any legal and proper interrogatory.
6. Publication of  a  false,  or  grossly  inaccurate  report  of  its
  proceedings.  But  a court can not punish as a contempt, the publication
  of a true, full, and fair report of  a  trial,  argument,  decision,  or
  other proceeding therein.
7.  Wilful  failure  to  obey  any  mandate,  process or notice issued
  pursuant  to  articles  sixteen,  seventeen,  eighteen,  eighteen-a   or
  eighteen-b  of  the judiciary law, or to rules adopted pursuant thereto,
  or to any other statute relating thereto, or  refusal  to  be  sworn  as
  provided  therein,  or subjection of an employee to discharge or penalty
  on account  of  his  absence  from  employment  by  reason  of  jury  or
  subpoenaed  witness  service  in  violation  of  this chapter or section
  215.11 of the penal law.  Applications  to  punish  the  accused  for  a
  contempt  specified  in this subdivision may be made by notice of motion
  or by order to show cause, and shall be made returnable at the  term  of
  the supreme court at which contested motions are heard, or of the county
  court if the supreme court is not in session.
B.  In  addition to the power to punish for a criminal contempt as set
  forth in subdivision A, the supreme court has power under  this  section
  to punish for a criminal contempt any person who unlawfully practices or
  assumes  to practice law; and a proceeding under this subdivision may be
  instituted on the court's own motion or on the  motion  of  any  officer
  charged  with the duty of investigating or prosecuting unlawful practice
  of law, or by any bar association incorporated under the  laws  of  this
  state.
C.  A court not of record has only such power to punish for a criminal
  contempt as is specifically granted to it by statute and no other.
2023 New York Laws › JUD - Judiciary › Article 19 - Contempts › 752 - Requisites of Commitment for Criminal Contempt; Review of Certain Mandates.

§  752.  Requisites  of  commitment  for  criminal contempt; review of
  certain  mandates.  Where  a  person  is  committed  for  contempt,   as
  prescribed   in   section   seven   hundred  fifty-one,  the  particular
  circumstances of his offense  must  be  set  forth  in  the  mandate  of
  commitment.  Such  mandate,  punishing a person summarily for a contempt
  committed in the immediate view and presence of the court, is reviewable
  by a proceeding under article seventy-eight of the  civil  practice  law
  and rules.
2023 New York Laws › JUD - Judiciary › Article 19 - Contempts › 753-A - Contempts in Cases Involving or Growing Out of Labor Disputes.

§  753-a.  Contempts  in  cases  involving  or  growing  out  of labor
disputes.  1. Notwithstanding any inconsistent provision of  law,  where
the  alleged  contempt  is  punishable under section seven hundred fifty
and/or section seven hundred fifty-three and arises out of  any  failure
or  refusal to obey any mandate of a court contained in or incidental to
an injunction order granted by such  court  in  any  case  involving  or
growing  out  of a labor dispute, no punishment, prescribed by either of
such sections, shall be meted out except after a trial by jury to  which
the defendant shall be entitled as a matter of right; provided, however,
that  this  section  shall  not apply to any alleged contempt of such an
injunction order committed in the presence of the court.
2. As used in this section and in subdivision three of section  215.50
of the penal law:
(a)  A case shall be held to involve or to grow out of a labor dispute
when the case involves persons who are engaged  in  the  same  industry,
trade, craft or occupation; or who are employees of one employer; or who
are  members  of  the same or an affiliated organization of employers or
employees; whether such dispute is between  one  or  more  employers  or
associations  of  employers and one or more employees or associations of
employees; between one or more employers or  associations  of  employers
and  one  or more employers or associations of employers; or between one
or more employees or associations of employees and one or more employees
or associations of employees; or when the case involves any  conflicting
or  competing interests in a "labor dispute" (as hereinafter defined) of
"persons participating or interested" therein (as hereinafter defined).
(b) The term "labor dispute" includes any controversy concerning terms
or  conditions  of  employment,  or  concerning   the   association   or
representation  of persons in negotiating, fixing, maintaining, changing
or seeking to arrange terms or conditions of employment,  or  concerning
employment  relations,  or  any  other  controversy  arising  out of the
respective interests of employer and employee, regardless of whether  or
not the disputants stand in the relation of employer and employee.
(c) A person or association shall be held to be a person participating
or  interested  in a labor dispute if relief is sought against him or it
and if he or it is engaged in the industry, trade, craft  or  occupation
in  which  such  dispute occurs, or is a member, officer or agent of any
association of employers or employees engaged in such  industry,  trade,
craft or occupation.
2023 New York Laws › JUD - Judiciary › Article 19 - Contempts › 754 - Special Proceeding to Punish for Contempt Punishable Civilly.

§  754.  Special proceeding to punish for contempt punishable civilly.
  Sections seven hundred and fifty, seven hundred and fifty-one, and seven
  hundred and fifty-two, do not extend to a special proceeding to punish a
  person in a case specified in section seven hundred and fifty-three.  In
  a  case  specified  in  section seven hundred and fifty-three, or in any
  other case where it is specially prescribed by  law,  that  a  court  of
  record,  or  a  judge  thereof, or a referee appointed by the court, has
  power to punish, by fine and imprisonment, or either, or generally as  a
  contempt,  a  neglect  or  violation of duty, or other misconduct; and a
  right or remedy of a party to  a  civil  action  or  special  proceeding
  pending  in  the  court,  or  before  the  judge  or the referee, may be
  defeated, impaired, impeded, or prejudiced thereby, the offense must  be
  punished as prescribed in the following sections of this article.
2023 New York Laws › JUD - Judiciary › Article 19 - Contempts › 755 - When Punishment May Be Summary.

§  755. When punishment may be summary. Where the offense is committed
  in the immediate view and presence of the court,  or  of  the  judge  or
  referee, upon a trial or hearing, it may be punished summarily. For that
  purpose,  an order must be made by the court, judge, or referee, stating
  the facts which constitute the offense and which bring the  case  within
  the provisions of this section, and plainly and specifically prescribing
  the  punishment  to be inflicted therefor. Such order is reviewable by a
  proceeding under article seventy-eight of the  civil  practice  law  and
  rules.
2023 New York Laws › JUD - Judiciary › Article 19 - Contempts › 756 - Application to Punish for Contempt; Procedure.

§  756.  Application to punish for contempt; procedure. An application
  to punish for a contempt punishable civilly may be commenced  by  notice
  of  motion returnable before the court or judge authorized to punish for
  the offense, or by an order of such court or judge requiring the accused
  to show cause before it, or him, at a time and place therein  specified,
  why  the  accused  should  not  be punished for the alleged offense. The
  application shall be noticed, heard and determined  in  accordance  with
  the  procedure  for  a  motion  on  notice  in  an action in such court,
  provided, however, that, except as provided in section fifty-two hundred
  fifty of the civil practice law and rules or unless otherwise ordered by
  the court, the moving papers shall be served no less  than  ten  and  no
  more  than  thirty  days  before  the  time  at which the application is
  noticed to be heard. The application shall contain on its face a  notice
  that  the purpose of the hearing is to punish the accused for a contempt
  of court, and that such punishment may consist of fine or  imprisonment,
  or  both, according to law together with the following legend printed or
  type written in a size equal to at least eight point bold type:
WARNING:
YOUR FAILURE TO APPEAR
IN COURT MAY RESULT IN
YOUR IMMEDIATE ARREST
AND IMPRISONMENT FOR
CONTEMPT OF COURT.
2023 New York Laws › JUD - Judiciary › Article 19 - Contempts › 757 - Application to Punish for Contempt Committed Before Referee.

§  757.  Application  to punish for contempt committed before referee.
  Where the offense is committed upon the trial of an issue referred to  a
  referee   appointed   by   the   court,   or  consists  of  a  witness's
  non-attendance, or refusal to be  sworn  or  testify,  before  him,  the
  application prescribed in this section may be made returnable before him
  or  before the court. The application shall contain on its face a notice
  that the purpose of the hearing is to punish the accused for a  contempt
  of  court, and that such punishment may consist of fine or imprisonment,
  or both, according to law.
2023 New York Laws › JUD - Judiciary › Article 19 - Contempts › 758 - Notice to Delinquent Officer to Show Cause.

§  758.  Notice  to  delinquent  officer  to  show  cause. Where it is
  prescribed by law, or by the rules of civil practice, that a notice  may
  be  served  in  behalf  of  a  party,  upon  a  sheriff or other person,
  requiring him to return a mandate, delivered to him, or to  show  cause,
  at  a  term  of  a  court,  why  he  should  not  be punished, or why an
  attachment should not be issued against  him,  for  a  contempt  of  the
  court; the party, in whose behalf the notice is served, may, at the time
  specified  therein,  file  with  the clerk, proof, by affidavit or other
  written evidence, of the delivery of the mandate to the accused; of  the
  default  or  other act, upon the occurrence of which, he was entitled to
  serve the notice; of the service of the notice; and of  the  failure  to
  comply  therewith.  Thereupon  the proceedings are the same, as where an
  order to show cause is made, and it, and a copy of the  affidavits  upon
  which it is granted, are served upon the accused.
2023 New York Laws › JUD - Judiciary › Article 19 - Contempts › 761 - Notice to Accused; Service.

§  761.  Notice  to  accused;  service.  An  application to punish for
  contempt in a  civil  contempt  proceeding  shall  be  served  upon  the
  accused,  unless service upon the attorney for the accused be ordered by
  the court or judge.
2023 New York Laws › JUD - Judiciary › Article 19 - Contempts › 767 - When Habeas Corpus May Issue.

§  767. When habeas corpus may issue. If the accused is in the custody
  of a sheriff, or other officer, by virtue of an  execution  against  his
  person,  or by virtue of a mandate for any other contempt or misconduct,
  or a commitment on a criminal charge the court, upon proof of the facts,
  may issue a writ of habeas corpus, directed to  the  officer,  requiring
  him  to  bring the accused before it, to answer for the offense charged.
  The officer to whom the writ is directed, or upon  whom  it  is  served,
  must  bring  him before the court, and detain him at the place where the
  court is sitting, until the further order of the court.
2023 New York Laws › JUD - Judiciary › Article 19 - Contempts › 770 - Final Order Directing Punishment; Exception.

§ 770. Final order directing punishment; exception. Upon the return of
  an  application  to  punish  for contempt, or upon a hearing held upon a
  warrant  of  commitment  issued  pursuant  to  section   seven   hundred
  seventy-two  or  seven  hundred seventy-three of this article, the court
  shall inform the offender that he or she has the right to the assistance
  of counsel, and when it appears that the offender is financially  unable
  to  obtain  counsel,  the  court may in its discretion assign counsel to
  represent him or her. If it is determined that the accused has committed
  the offense charged; and that it was calculated  to,  or  actually  did,
  defeat,  impair,  impede, or prejudice the rights or remedies of a party
  to an action or special proceeding, brought in the court, or before  the
  judge  or  referee; the court, judge, or referee must make a final order
  directing that he or she be punished by fine or imprisonment,  or  both,
  as  the  nature of the case requires. A warrant of commitment must issue
  accordingly, except as hereinafter provided.  Where  an  application  is
  made  under  this  article  and  in  pursuance  of  section  two hundred
  forty-five of the domestic relations law or any other section of law for
  a  final  order  directing  punishment  for  failure  to  pay   alimony,
  maintenance  or  counsel fees pursuant to an order of the court or judge
  in an action for divorce or separation and the defaulting spouse appears
  and satisfies the court or a judge before whom the  application  may  be
  pending that he or she has no means or property or income to comply with
  the terms of the order at the time, the court or judge may in its or his
  discretion deny the application to punish the defaulting spouse, without
  prejudice  to  the applicant's rights and without prejudice to a renewal
  of the application upon  notice  and  after  proof  that  the  financial
  condition of the defaulting spouse is changed.
Where  an  application  is  made  to punish an offender for an offense
  committed with respect to  an  enforcement  procedure  under  the  civil
  practice  law  and  rules, if the offender appear and comply and satisfy
  the court or a judge before whom the application shall be  pending  that
  he  has at the time no means or property or income which could be levied
  upon pursuant to an execution issued in such an  enforcement  procedure,
  the  court  or  judge  shall deny the application to punish the offender
  without prejudice to the applicant's rights and without prejudice  to  a
  renewal  of  the  application  upon  notice  and  after  proof  that the
  financial condition of the offender has changed.
2023 New York Laws › JUD - Judiciary › Article 19 - Contempts › 771 - Punishment Upon Return of Habeas Corpus.

§  771.  Punishment upon return of habeas corpus. Where the accused is
  brought up by virtue of a writ of habeas  corpus,  he  must,  after  the
  final order is made, be remanded to the custody of the sheriff, or other
  officer,  to whom the writ was directed. If the final order directs that
  he be punished by imprisonment, or committed until the payment of a  sum
  of money, he must be so imprisoned or committed, upon his discharge from
  custody under the mandate, by virtue of which he is held by the sheriff,
  or other officer.
2023 New York Laws › JUD - Judiciary › Article 19 - Contempts › 772 - Punishment Upon Return of Application.

§  772.  Punishment  upon return of application. Upon the return of an
  application to punish for contempt, the questions which  arise  must  be
  determined,  as  upon  any other motion; and, if the determination is to
  the effect specified in section seven hundred  and  seventy,  the  order
  thereupon  must  be  to  the  same  effect  as  the  final order therein
  prescribed.
Except as hereinafter provided, the offender may be committed  upon  a
  certified  copy of the order so made, without further process. Where the
  commitment is ordered to punish an offense committed with respect to  an
  enforcement procedure under the civil practice law and rules or pursuant
  to section two hundred forty-five of the domestic relations law, and the
  defendant has not appeared upon the return of the application, the final
  order  directing punishment and commitment of the offender shall include
  a provision granting him leave to purge himself of the  contempt  within
  ten  days  after personal service of the order by performance of the act
  or duty the omission of which constitutes the misconduct for which he is
  to be punished, and the act or duty to be performed shall  be  specified
  in the order. Upon a certified copy of the order, together with proof by
  affidavit  that  more  than ten days have elapsed since personal service
  thereof upon the offender, and that the act or duty  specified  has  not
  been performed, the court may issue without notice a warrant directed to
  the  sheriff  or  other enforcement officer of any jurisdiction in which
  the offender may be found. The warrant shall  command  such  officer  to
  arrest the offender forthwith and bring him before the court, or a judge
  thereof, to be committed or for such further disposition as the court in
  its discretion shall direct.
2023 New York Laws › JUD - Judiciary › Article 19 - Contempts › 773 - Amount of Fine.

§  773. Amount of fine. If an actual loss or injury has been caused to
  a party to an action or special proceeding, by reason of the  misconduct
  proved  against  the  offender,  and  the  case  is  not one where it is
  specially prescribed by law, that an action may be maintained to recover
  damages for the loss or injury, a  fine,  sufficient  to  indemnify  the
  aggrieved  party,  must be imposed upon the offender, and collected, and
  paid over to the aggrieved party, under the direction of the court.  The
  payment  and  acceptance of such a fine constitute a bar to an action by
  the aggrieved party, to recover damages for the loss or injury.
Where it is not shown that such an actual  loss  or  injury  has  been
  caused,  a  fine  may  be  imposed,  not  exceeding  the  amount  of the
  complainant's costs and expenses, and two hundred and fifty  dollars  in
  addition  thereto,  and  must  be  collected and paid, in like manner. A
  corporation may be fined as prescribed in this section.
If a fine is imposed to punish an offense committed with respect to an
  enforcement procedure under the civil practice law and rules or pursuant
  to section two hundred forty-five of the domestic relations law, and  it
  has  not  been  shown that such an actual loss or injury has been caused
  and the defendant has not appeared upon the return of  the  application,
  the  order imposing fine, if any, shall include a provision granting the
  offender leave to purge himself of the contempt within  ten  days  after
  personal service of the order by appearing and satisfying the court that
  he  is  unable  to  pay  the fine or, in the discretion of the court, by
  giving an undertaking in a sum to be fixed by the court conditioned upon
  payment of the fine plus costs  and  expenses  and  his  appearance  and
  performance  of  the  act or duty, the omission of which constitutes the
  misconduct for which he is to be punished. The order may also include  a
  provision  committing  the  offender to prison until the fine plus costs
  and expenses are paid, or until he is discharged according to law.  Upon
  a  certified  copy  of  the  order imposing fine, together with proof by
  affidavit that more than ten days have elapsed  since  personal  service
  thereof upon the offender, and that the fine plus costs and expenses has
  not  been paid, the court may issue without notice a warrant directed to
  the sheriff or other enforcement officer of any  jurisdiction  in  which
  the  offender  may  be  found. The warrant shall command such officer to
  arrest the offender forthwith and bring him before the court, or a judge
  thereof, to be committed or for such other disposition as the  court  in
  its discretion shall direct.
2023 New York Laws › JUD - Judiciary › Article 19 - Contempts › 775 - When Court May Release Offender.

§  775. When court may release offender. Where an offender, imprisoned
  as prescribed in this article, is unable to endure the imprisonment,  or
  to  pay  the  sum,  or  perform  the act or duty, required to be paid or
  performed, in order to entitle him to be released, the court, judge,  or
  referee  may,  in  its or his discretion, and upon such terms as justice
  requires, make an  order,  directing  him  to  be  discharged  from  the
  imprisonment.
Where  the commitment was made to punish a contempt of court committed
  with respect to an enforcement procedure under the  civil  practice  law
  and  rules,  and the offender has purged himself of contempt as provided
  in section seven hundred seventy-two or seven hundred  seventy-three  of
  this article, the court out of which the execution was issued shall make
  an order directing him to be discharged from the imprisonment.
2023 New York Laws › JUD - Judiciary › Article 19 - Contempts › 776 - Offender Liable to Indictment.

§ 776. Offender liable to indictment. A person, punished as prescribed
  in  this  article,  may,  notwithstanding,  be  indicted  for  the  same
  misconduct, if it is an indictable offense; but the court, before  which
  he  is convicted, must, in forming its sentence, take into consideration
  the previous punishment.
2023 New York Laws › JUD - Judiciary › Article 19 - Contempts › 777 - Proceedings When Accused Does Not Appear.

§  777.  Proceedings  when accused does not appear. Where a person has
  given an undertaking for his appearance, as prescribed in  this  article
  and fails to appear, on the return day of the application, the court may
  either  issue  a  warrant of commitment, or make an order, directing the
  undertaking to be prosecuted; or both.
2023 New York Laws › JUD - Judiciary › Article 19 - Contempts › 778 - Prosecution of Undertaking by Person Aggrieved.

§  778.  Prosecution  of  undertaking  by  person aggrieved. The order
  directing the undertaking to be prosecuted, may, in  the  discretion  of
  the  court,  direct  the  prosecution thereof, by and in the name of any
  party aggrieved by the misconduct of the accused. In such  a  case,  the
  plaintiff  may  recover  damages,  to  the  extent of the loss or injury
  sustained by him, by reason of the misconduct, together with  the  costs
  and  expenses of prosecuting the special proceeding in which the warrant
  was issued; not exceeding the sum specified in the undertaking.
2023 New York Laws › JUD - Judiciary › Article 19 - Contempts › 779 - Prosecution of Undertaking by Attorney-General or District Attorney.

§  779.  Prosecution  of  undertaking  by attorney-general or district
  attorney. If no party is aggrieved by the misconduct of the accused, the
  order must, and, in any case where the court thinks proper so to direct,
  it  may,  direct  the   prosecution   of   the   undertaking,   by   the
  attorney-general,  or by the district attorney of the county in which it
  was given, in the name of the people. In an action, brought pursuant  to
  the  order, the people are entitled to recover the entire sum, specified
  in the undertaking.  Out  of  the  money  collected,  the  court,  which
  directed the prosecution, must direct that the person, at whose instance
  the  warrant  was  issued,  be  paid  such a sum as it thinks proper, to
  satisfy the costs and expenses incurred by him, and  to  compensate  him
  for  any  loss  or injury sustained by him, by reason of the misconduct.
  The residue of the money must be paid into the treasury of the state.
2023 New York Laws › JUD - Judiciary › Article 19 - Contempts › 780 - Sheriff Liable for Taking Insufficient Sureties.

§  780.  Sheriff  liable  for  taking insufficient sureties. After the
  return of an execution, issued upon a judgment, rendered  in  an  action
  upon  the undertaking, an action, to recover the amount of the judgment,
  may be maintained against the sheriff, where it  appears  that,  at  the
  time when the undertaking was given, the sureties were insufficient, and
  the  sheriff  had reasonable grounds to doubt their sufficiency. Such an
  action may be maintained by the plaintiff, in whose favor  the  judgment
  was  recovered.  If  the  people  were  plaintiffs,  the  action must be
  prosecuted by the attorney-general or the  district  attorney;  and  any
  money  collected  therein must be disposed of, as prescribed in the last
  section.
2023 New York Laws › JUD - Judiciary › Article 19 - Contempts › 781 - Punishment of Misconduct at Trial Term.

§  781.  Punishment  of  misconduct at trial term. Where a misconduct,
  which is punishable by fine  or  imprisonment,  as  prescribed  in  this
  article, occurs at a trial term, or with respect to a mandate returnable
  at such term, and was not punished at the term at which it occurred, the
  supreme  court  may inquire into and punish the misconduct, as if it had
  occurred at a special term of  the  supreme  court,  held  in  the  same
  county, or with respect to a mandate returnable at such a special term.
2023 New York Laws › JUD - Judiciary › Article 20 - Collection of Fines › 790 - Clerk to Make Schedule of Fines Imposed.

§  790. Clerk to make schedule of fines imposed. Where a fine has been
  imposed by a court of record, upon a grand or trial juror, or  upon  any
  officer or other person, without being accompanied with an order for the
  immediate commitment of the person so fined, until the fine is paid, the
  clerk of the court, immediately after the close of the term at which the
  fine  was  imposed,  must  prepare  a  schedule, containing, in separate
  columns, the following matters:
1. The name of each person fined.
2. His place of residence, where it appears, from the papers  on  file
  or before the court, to be within the county.
3. The amount of the fine imposed upon him.
4. The cause for which the fine was imposed.
The  clerk  must subjoin to the schedule a certificate, to the effect,
  that it contains a true abstract of the orders imposing fines, and  must
  annex it to the warrant specified in the next section.
2023 New York Laws › JUD - Judiciary › Article 20 - Collection of Fines › 791 - Issue and Contents of Warrant.

§ 791. Issue and contents of warrant. The clerk must immediately issue
  a  warrant,  under the seal of the court, directed to the sheriff of the
  county, and commanding him to collect from each of the persons named  in
  the  schedule  annexed to the warrant, the sum therein set opposite that
  person's name; and to pay over the sum collected to the treasurer of the
  county. The clerk must include in the said annexed schedule the name  of
  each  person who has been fined, prior to the issuing thereof, and whose
  fine remains then wholly or partly  unpaid,  and  not  remitted  by  the
  court.  The warrant is the process of the court, by which the fines were
  imposed. If a delinquent resides in another county, a separate  warrant,
  for  the  collection  of  the fine imposed upon him, with an appropriate
  schedule annexed thereto, must be issued, in like manner, to the sheriff
  of the county where he resides.
2023 New York Laws › JUD - Judiciary › Article 20 - Collection of Fines › 792 - Execution of Warrant.

§  792. Execution of warrant. The sheriff to whom a warrant is issued,
  must collect each fine out of the personal property of the person fined,
  as prescribed by law or the rules of civil practice for the  collection,
  by  levy  upon and sale of personal property, of an execution issued out
  of a court of record; and he is entitled  to  like  fees  thereupon.  If
  sufficient personal property of a delinquent can not be found to pay the
  fine  and  the  fees, the sheriff must arrest the delinquent, and detain
  him in custody until he pays the same, as upon an execution against  the
  person,  issued  in  an  action,  out  of  the  supreme court; and he is
  entitled to like fees thereupon.
2023 New York Laws › JUD - Judiciary › Article 20 - Collection of Fines › 793 - Return of Warrant.

§  793.  Return  of warrant. The sheriff must return the warrant, with
  his proceeding thereupon, at the term of the court; or, where  the  fine
  was imposed, in any county except New York, by the supreme court, or the
  county  court  at  the  term  of  the  county court; held next after the
  expiration of sixty days from the receipt thereof. If he fails to do so,
  the district attorney must take the same proceedings to compel a return,
  as may be taken by a judgment creditor, where a sheriff omits to  return
  an execution, issued out of the supreme court.
2023 New York Laws › JUD - Judiciary › Article 20 - Collection of Fines › 794 - Proceedings if Fine Not Collected.

§  794.  Proceedings  if  fine not collected. Where it appears, by the
  return, that a fine remains uncollected, and it does not appear that the
  sheriff has the delinquent in custody, the district attorney must, if he
  has good reason to believe that the sheriff might, with  due  diligence,
  have  collected  the  fine,  or  arrested  and  detained the delinquent,
  commence an action against the sheriff,  in  the  name  of  the  people.
  Otherwise he must direct the clerk to issue a new warrant, or to include
  the  fine  in the schedule, annexed to the next warrant, to be issued by
  him. A new warrant may, from time to time, be issued, or the fine may be
  included in the schedule annexed to a subsequent warrant,  until  it  is
  collected.
2023 New York Laws › JUD - Judiciary › Article 20 - Collection of Fines › 795 - Liability of Sheriff for Omission of Duty.

§  795.  Liability  of  sheriff for omission of duty. An action may be
  maintained, in behalf of the  people,  against  a  sheriff,  to  whom  a
  warrant  is  directed  and  delivered, as prescribed in this article, to
  recover damages for any omission of duty with respect to the same, in  a
  case  where  a  judgment  creditor  might  maintain  an action against a
  sheriff, to whom an  execution  issued  out  of  the  supreme  court  is
  directed  and  delivered.  In such an action, the people are entitled to
  recover the same damages, which a judgment creditor would be entitled to
  recover, if the order imposing the fine was a judgment  of  the  supreme
  court.
2023 New York Laws › JUD - Judiciary › Article 20-A - Remission of Fines and Forfeitures › 798 - Remitting Fines and Penalties and Discharging Recognizances.

§  798.  Remitting  fines and penalties and discharging recognizances.
  Upon the application of a person, who has been fined by a court, or of a
  person whose recognizance has become forfeited, or of his surety or of a
  person who has posted cash bail, or  bail  by  credit  card  or  similar
  device which has been forfeited, the county court of the county in which
  the  term  of  the  court  was  held, where the fine was imposed, or the
  recognizance taken, may, except as otherwise prescribed in section seven
  hundred and ninety-nine; upon good cause shown, and upon such  terms  as
  it  deems  just, make an order, remitting the fine, wholly or partly, or
  the forfeiture of the recognizance, or part of the penalty  thereof;  or
  it  may discharge the recognizance. If a fine so remitted has been paid,
  the county treasurer,  or  other  officer,  in  whose  hands  the  money
  remains,  must  pay  the  same,  or  the part remitted, according to the
  order.
2023 New York Laws › JUD - Judiciary › Article 20-A - Remission of Fines and Forfeitures › 799 - Restrictions Upon Power to Remit.

§  799.  Restrictions  upon  power to remit. Section seven hundred and
  ninety-eight does not authorize a county court to remit any  part  of  a
  fine  exceeding  two  hundred  and  fifty dollars imposed by the supreme
  court upon conviction for a criminal offense; or a fine  to  any  amount
  imposed  by  a  court  upon  an  officer  or other person, for an actual
  contempt of court, or for disobedience to its process, or other mandate;
  or to remit or discharge a recognizance taken  in  its  county  for  the
  appearance  of a person in another county. In the latter case, the power
  of remitting or discharging the recognizance is  vested  in  the  county
  court of the county, in which the person is bound to appear.
2023 New York Laws › JUD - Judiciary › Article 20-A - Remission of Fines and Forfeitures › 799-A - Notice of Application for Remission and Discharge and Costs on Remission.

§  799-a.  Notice of application for remission and discharge and costs
  on remission. An application for an  order,  as  prescribed  in  section
  seven  hundred  and  ninety-eight,  cannot  be  heard, until such notice
  thereof  as  the  court  deems  reasonable,  has  been  given   to   the
  district-attorney  of the county, and until he has had an opportunity to
  examine the matter, and prepare to  resist  the  application.  And  upon
  granting  such  an  order,  the court must always impose, as a condition
  thereof, the payment of the costs and expenses, if any, incurred  in  an
  action  or  special  proceeding  for  the collection of the fine, or the
  penalty of the recognizance.
2023 New York Laws › JUD - Judiciary › Article 21 - Court Libraries › 811 - Court of Appeals Judges' Law Libraries.

§  811.  Court  of appeals judges' law libraries. The law libraries of
  the judges of the court of appeals are continued.  Each judge  has  sole
  custody  and  control  of  the  library assigned to him or to her and on
  expiration of the judge's term of office he or she shall deliver  it  to
  his or her successor. The judge may add to it from any funds available.
2023 New York Laws › JUD - Judiciary › Article 21 - Court Libraries › 812 - Appellate Division Libraries.

§   812.   Appellate  division  libraries.  The  libraries  heretofore
  established for  the  appellate  divisions  of  the  supreme  court  are
  continued.  They  are  under  exclusive  supervision  of  the respective
  appellate divisions. The justices of the court shall be trustees thereof
  who shall continue to be vested with all the powers with regard  thereto
  now possessed by those justices.
2023 New York Laws › JUD - Judiciary › Article 21 - Court Libraries › 813 - Court Law Libraries.

§  813.  Court  law  libraries.  Each county of the state shall have a
  court law library which shall be governed as provided by  section  eight
  hundred  fourteen  of  this article. Such libraries shall be open to the
  public, however,  the  chief  administrator  of  the  courts  may  issue
  guidelines  for  the  use  and  operation of such libraries. All supreme
  court and county court libraries established as of the effective date of
  this section  are  continued  as  court  law  libraries,  including  the
  following as they have been named:
JOSEPH F. BARNARD MEMORIAL LIBRARY AT POUGHKEEPSIE;
DAVID L. FOLLETT MEMORIAL LIBRARY AT NORWICH;
HAMILTON ODELL LIBRARY AT MONTICELLO;
EMORY A. CHASE MEMORIAL LIBRARY AT CATSKILL;
FRANCIS BERGAN LAW LIBRARY AT ALBANY;
LOUIS H. FOLMER LAW LIBRARY AT CORTLAND;
JOSEPH F. EGAN MEMORIAL SUPREME COURT LAW LIBRARY AT SCHENECTADY;
ERNEST N. WARREN LAW LIBRARY AT ITHACA;
F. WALTER BLISS SUPREME COURT LIBRARY AT SCHOHARIE;
JOSEPH P. MOLINARI SUPREME COURT LIBRARY AT COOPERSTOWN;
COURT OF APPEALS LIBRARY AT SYRACUSE;
CHARLES B. SWARTWOOD LAW LIBRARY AT ELMIRA and
F. WARREN TRAVERS SUPREME COURT LIBRARY AT TROY.
2023 New York Laws › JUD - Judiciary › Article 21 - Court Libraries › 814 - Care and Management of Court Law Libraries.

§  814.  Care and management of court law libraries. 1. Each court law
  library  shall  be  under  the  care  and  management   of   the   chief
  administrator  of the courts. Each shall have a board of trustees, which
  shall consist of four members, all of whom shall  be  residents  of  the
  county  in  which  the library is located, and who shall be appointed by
  the chief administrator in accordance with this section.  The  chair  of
  the  board  shall  be  a  justice of the supreme court or, if no justice
  resides in the county, a judge of the county court, family court  or  of
  the  surrogate's  court  of  the county. Of the remaining members of the
  board, one shall be an attorney who has been admitted to the practice of
  law in this state; one shall be a member of the board of supervisors  or
  other legislative body of the county in which the library is located, or
  in  the  case  of  a  county  wholly  contained  within  a  city, of the
  legislative body of such city, and one member shall  be  appointed  upon
  the  recommendation  of  the president of the county bar association. In
  addition to the four members of each  board  of  trustees  provided  for
  hereinabove,   the  chief  administrator  of  the  courts  may,  in  his
  discretion, appoint such other members  as  he  deems  appropriate.  The
  members of the board shall serve without pay for a term of two years and
  shall  be  eligible  to  be  reappointed  to successive terms of office.
  Membership on a board of trustees  shall  terminate  whenever  a  member
  ceases  to  be a resident of the county, or ceases to hold public office
  if the holding of such public office was required at the  time  of  such
  member's  appointment  to  the  board. A vacancy shall be filled for the
  unexpired term in the same manner as an original appointment.
2. Each board of trustees shall provide the chief  administrator  with
  such  assistance as he or she shall require in maintaining and operating
  the court law library.
3. In the event of any change  in  the  designation  of  a  court  law
  library  for  the purpose of receiving materials transmitted pursuant to
  paragraph c of subdivision four  of  section  one  hundred  two  of  the
  executive  law,  the  chief  administrator  shall  cause  the previously
  designated library within such judicial district to  transfer  all  such
  materials in its possession to the newly designated library.
4. The provisions of this section shall not apply to the supreme court
  library  in  borough  of  Brooklyn  nor  to the supreme court library at
  Buffalo until April first, nineteen hundred ninety-four. Such  libraries
  are  continued  as  court  law  libraries  under  the provisions of this
  article effective April first, nineteen hundred ninety-four.