Arrest to Sentence

8/6/2019 Arrest to Sentence

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new york county district attorneys oice

Criminal Justicein New York CountyLearning About the Process

criminal

ju

stice

innewyor

kcounty cyrus r. vance, jr.

district attorney


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the police and the arrest

The Ofce o New York County District Attorney has the responsibil-

ity and authority to investigate and prosecute crimes in the borough o

Manhattan. In each case we bring beore the court, our ofce represents

The People o the State o New York. As the elected District Attorney

o Manhattan, I am committed to upholding the laws and statues o

New York and to making sure that justice is done in every case. I am

also committed to working closely with our police and local communi-

ties to develop strategies to prevent crimes beore they occur.

In continuing the ofces tradition o making the criminal justice system

accessible to the residents o New York, we have created this brochure.

This guide and legal glossary is designed to explain and clariy the

criminal justice process in New York County. Additional inormation

on the broader workings o the ofce can be ound on our website

www.manhattanda.org; on it you will fnd inormation on our dierent

departments and the roles they play in the criminal justice system, as

well as summaries o notable cases we have prosecuted.

Sincerely,

Cyrus R. Vance, Jr.

What is the unction o the police?

The police investigate crimes and arrest individualswho are suspected o committing crimes.

What is a lawul arrest?

Most criminal actions begin when a person istaken into police custody. An arrest is lawul whenthe police ocer has probable cause to believethat the person being arrested has committed aparticular oense.

What happens when someone is arrested?

Once the deendant is in custody, he may beidentied by the victim or witnesses, and he maymake a statement to the police. He will alwaysbe searched, and the ocers are entitled to seizeany contraband or evidence ound during thesearch. Evidence includes the proceeds o thecrime, any tools used to commit the crime,distinctive clothing, or other evidence that helpsto connect the deendant with the victim or thescene o the crime. The arresting ocer takesseized property to be vouchered by the nypd

Property Clerks Division.

Once transported to the precinct, the deendantwill be ngerprinted. The arresting ocer alsoprepares the arrest report, the complaint report,and other relevant police orms at this time.

For some less serious crimes, the arresting o-cer may give the deendant a Desk AppearanceTicket (dat). Adat releases a deendant romcustody beore arraignment and requires thedeendant to appear or arraignment at a specieddate.

continued on next page

In the majorityo cases, an arrestis the frst stagein the criminaljustice process.

cyrus r. vance, jr.

district attorney


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the police and the arrest (continued) the district attorneys ofce

I the deendant does not meet the criteria ora dat, he will be taken rom the precinct toCentral Booking at 100 Centre Street or urtherprocessing.

What types o arrest charges are there in New York?

In New York there are three major classes ooenses or which a person may be prosecuted.They are violations, misdemeanors and elonies.Some are dened in the Penal Law o New YorkState, and others can be ound in statutes such asthe Vehicle and Trac Law or in local ordinanc-es, such as the New York City AdministrativeCode.

Aviolation is an oense that carries the lowestsanction, and is not dened as a crime. Themaximum term o imprisonment is teen days.Examples o violations are harassment, drinkingalcohol in public, and disorderly conduct.

Amisdemeanor is the least serious crime. It ishigher than an oense. Misdemeanors are dividedinto two classes: A and B. The maximumterm o imprisonment or an A is one year, andthree months or a B misdemeanor. Exampleso misdemeanors are shopliting, trespassing ina building, and jumping a turnstile.

Afelonyis the most serious crime. Feloniesare crimes or which more than one year oimprisonment may be imposed. Felonies aredivided into ve classes: A, B, C, D,and E. An A elony is the most serious andan E elony is the least serious. Examples oelonies are robbery, burglary, grand larceny,selling narcotics, and murder.

What is the unction o the District Attorney?

The District Attorneys Oce represents thePeople o the State o New York in bringingcharges against a suspect in a court o law. TheNew York County District Attorneys Oce hasthe responsibility and authority to investigateand prosecute crimes in the borough oManhattan. Cyrus R. Vance, Jr., who was electedby the residents o Manhattan, is the DistrictAttorney. The approximately550 attorneys whowork in his oce are called Assistant DistrictAttorneys (adas).

What does the District Attorneys ofce do when

someone is arrested?

In most cases, an Assistant District Attorneyin the Complaint Room (ecab) will review theacts with the arresting ocer and sometimeswith the complainant or other witnesses. Thisusually occurs within three to twelve hours romthe time o arrest. Theadawill then determinethe suciency o the evidence to support thecharges originally brought by the police, deter-

mine the nal charges, and drat the complaintupon which the deendant will be prosecuted.The complaint must allege acts providingreasonable cause to believe that the personcharged committed specic oenses. In someinstances, ater evaluating the evidence, theDistrict Attorneys Oce will decline toprosecute a case.

The DistrictAttorney is a lawyer,elected by theresidents o hisjurisdiction, torepresent the statein criminalproceedings againstthose accusedo crimes. TheDistrict Attorneyo Manhattanis Cyrus R. Vance, Jr.

In New York, thereare three majorclasses o oensesor which a personmay be prosecuted:violations, mis-demeanors andelonies. Violationsare the least seriousoenses. Feloniesare the mostserious oenses.


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the new york city criminal court the new york city criminal court (continued)

I the deendant is charged with a violation or amisdemeanor, he may plead guilty at arraignment.In a ew cases, a deendant charged with a elonyis oered a misdemeanor plea at arraignment.Many deendants plead guilty at arraignment,though guilty pleas also can be entered at laterstages in the case. The deendant can plead guiltyto all o the charges in the complaint, or toa lesser charge when oered by the AssistantDistrict Attorney. A deendant cannot pleadguilty to a elony at arraignment. I a deendantpleads guilty, the judge delivers the sentence.

What is Bail and How is it Set?

Bail is collateral, in the orm o cash or bond,that must be posted by the deendant to ensurethat he or she returns to court on a uture date.

I appropriate, theadain the Arraignment Partwill request that bail be set and give reasons orthe bail conditions requested. Once the deensecounsel responds, the court will set the bailamount. I the deendant posts the amount omoney required to make bail, he or she will bereleased. A deendant can also be released onhis own recognizance (rord) i the court eelsthat bail is unnecessary. I the case is particularlyserious, the court may remand the deendant,who is then held in custody without bail.


What is the unction o the Courts?

The Courts are charged with ensuring the airapplication o the law. Judges preside over alllegal proceedings in court.

Almost all Manhattan cases elonies, misdemean-ors, and violations are arraigned in the CriminalCourt o the City o New York.

Arraignment Parts are staed in Criminal Courtseven days a week, 365 days a year. During busytimes, an Arraignment Part is open through thenight. Ater arraignment, Criminal Court handlesonly misdemeanors and violations. The SupremeCourt o the State o New York handles elonycases. (Note: in New York State, the highest appel-late court is the Court o Appeals, not, as onemight expect rom the name, the Supreme Court.)What is an arraignment?

In New York City, deendants are usually broughtbeore a judge o the Criminal Court o the Cityo New York or arraignment within twenty-our

hours o arrest. Once the case has been docketedby the Court and the complaint and the deen-dants criminal history are ready, the deendant isproduced or arraignment in Criminal Court.

At arraignment in Criminal Court, the deendantis inormed o the charges against him and abail determination is made. He is also givenvarious notices, including: whether the case willbe considered by a Grand Jury; whether he madestatements to the police; and whether there wasan identication by witnesses. I the deendantcannot aord an attorney, one is appointed priorto the arraignment.

At arraignment, thedeendant is broughtbeore a judgeand inormed othe charges againsthim or her. InManhattan, deen-dants are usu-ally arraigned in lessthan24 hours.

Almost allManhattan casesare arraignedin the CriminalCourt o the Cityo New York.Ater arraignment,the CriminalCourt handles onlymisdemeanorsand violations.The Supreme Courto the State oNew York handleselony cases.


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the new york city criminal court (continued) the grand jury

What happens to a misdemeanor or violation case

ater arraignment?

I the deendant does not plead guilty, misde-meanor and violation cases are adjourned romthe Arraignment Part into an All Purpose Part(AP Part) in Criminal Court. I bail is set and thedeendant cannot post the bail, the New YorkCity Department o Correction detains him injail until the next court date. Deendants who arereleased on their own recognizance or who postedbail must appear in court on the appointed date.I a deendant ails to appear, the Judge will issuea bench warrant or the deendants arrest.

Once a deendant has been arraigned, his casedoes not go straight to trial. First, a number olegal issues must be addressed. In the AP Part,legal motions are made and uture court datesare scheduled.

Deendants may choose to enter a guilty plea inthe AP Part.

What happens to a elony case ater arraignment?

Felonies are crimes or which more than one yearo imprisonment may be imposed. In a ew elonycases, plea oers may be made at Criminal Courtarraignment. Otherwise, the Judge presidingat the Criminal Court arraignment will adjournthe case to Part F or the announcement oGrand Jury action. The case will remain in PartF or all proceedings prior to indictment or amisdemeanor disposition.

What is a Grand Jury?

Under New York State law, almost all elonycases must be presented to the Grand Jury. GrandJuries are empowered to hear evidence presentedby prosecutors, and to take various actionsregarding the evidence and legal charges they areto consider. The Grand Jury can also conductindependent investigations. Grand Juries sit or aterm o approximately one month. Each GrandJury is comprised o23 citizens who hear andexamine evidence concerning oenses and takeaction based on such evidence. In Manhattan,morning Grand Juries sit rom 10:00 a.m. untilapproximately1:00 p.m. Aternoon Grand Juriessit rom 2:00 p.m. until approximately5:00 p.m.

What Can a Grand Jury Do?

The Grand Jury can vote an indictment (a writtenstatement charging an individual with thecommission o a elony), direct the ling o aprosecutors inormation (which contains non-elony charges), direct the removal o a case toFamily Court, or issue a report. For the rst

three actions, the Grand Jury must determinethat the evidence is legally sucient and thatit provides reasonable cause to believe that thedeendant has committed the crime. Otherwise,the Grand Jury dismisses the matter. I theGrand Jury votes an indictment, the case isadjourned to a Supreme Court Arraignment Part.


Under New YorkState law, almostall elony cases mustbe presented to aGrand Jury. TheGrand Jury mustvote an indictmentbeore the DistrictAttorneys Ofcecan prosecutea deendant or aelony in theSupreme Courto the State oNew York.


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the grand jury (continued) the new york state supreme court

Are Grand Jury proceedings open to the public?

No. Grand Jury proceedings are secret and onlyspecically authorized persons can be present.In addition to the Assistant District Attorney andthe Grand Jurors, there is a stenographer and aGrand Jury Warden, who controls the proceedings.Theadais the legal adviser o the Grand Juryand examines all witnesses who testiy beore it,including any deendant or deense witnesses.At least 16 Grand Jurors must be present or anyGrand Jury to hear evidence and take action.Furthermore, at least 12 o the members whohave heard the evidence must agree beore anyarmative action can be taken.

What happens ater a Grand Jury votes an

indictment?

Once a deendant has been indicted or a elonycharge and the indictment has been led, he isarraigned on the indictment in Supreme Court.(Note: in New York State, the highest court is theCourt o Appeals, not, as one might expect romthe name, the Supreme Court.) Criminal Courtno longer has jurisdiction over a deendant oncean indictment has been led.

At Supreme Court arraignment, the prosecutorgives the deendant a copy o the indictment andthe Voluntary Disclosure Form, which includesinormation about the case, such as the date, timeand place o the crime, and o the arrest. Thedeendant is also inormed about the substanceo his statements and o his identication. Thedeendant then enters a plea o guilty or notguilty to the indictment. Bail may be reviewedand dierent conditions may be set.

Can a deendant plead guilty to a elony charge at

Supreme Court Arraignment?

Yes. The majority o cases do not go to trial.The deendant can plead to all o the charges inthe indictment, or to lower charges oered by theAssistant District Attorney. Unless a sentence isnegotiated as part o a plea agreement, the judgewill determine the deendants sentence basedon the acts o the case and the laws governingpermissible sentences.


The majority ocriminal cases donot go to trial. Manydeendants pleadguilty priorto the trial.


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the trial (continued)the trial

What is a Trial?

A criminal trial is a ormal examination o evi-dence beore a court o law or a jury to determinewhether the deendant is guilty o the chargesbrought against him or her beyond a reasonabledoubt. Trials may be conducted or elonies,misdemeanors, or violations. However, very ewmisdemeanor or violation cases proceed to trial.

How is a jury selected?

Voir Dire is the name given to jury selection.In Criminal Court, 6 jurors are chosen and 1 or2 alternates. In Supreme Court, 12 jurors and 2to 4 alternates are chosen. When prospectivejurors are brought to the courtroom, the judgewill explain certain principles o law, and ques-tion the prospective jurors. The Assistant DistrictAttorney (ada) then questions the jurors. Atertheadahas nished, the deense attorney asksurther questions. Out o earshot o the jury andollowing established rules, the attorneys willexcuse jurors they believe should not sit on thecase. The remaining jurors are sworn. The pro-

cess continues until the ull number o jurors andalternates is chosen.

What is Rosario material?

Rosario material includes any statements o awitness who will testiy at trial. Police orms thatsummarize a witness statement, a signed state-ment by a witness, and paperwork prepared by atestiying police ocer are examples o Rosariomaterials. Rosario material must be given to thedeense beore the opening statements.

Ater Jury Selection, How Does a Trial Proceed?

Opening Statement:At the beginning o the trial,the Assistant District Attorney makes an openingstatement. A deense attorney may make anopening statement, but is not required to do so.In an opening, the attorney explains what heor she is going to prove at trial.

Direct Case:The direct case brought by theDistrict Attorneys Oce involves the calling owitnesses and the introduction o physical objectsor records into evidence. Theadaasks questionso each witness. The deense attorney then asksquestions on cross-examination. Theadamayask clariying questions on redirect. This processcontinues until all o the prosecutions witnesseson the direct case have testied. At the end o thedirect case the deendant may move to dismisscertain charges on the theory that the trial evidenceis insucient to establish the crime(s) charged.

Deense Case:The deense case may involve manywitnesses, including the deendant, or there

may be no witnesses at all. The deendant is notrequired to present any evidence, or to testiyat trial. I deense witnesses are called, theadamay cross-examine each witness.

Rebuttal:The District Attorneys Oce mayhave a rebuttal case, and i so, deense counselmay cross-examine the rebuttal witnesses.


A criminal trial is aormal examinationo evidence beorea court o law or ajury to determinewhether the deen-dant is guilty othe charges broughtagainst him or herbeyond a reasonabledoubt.


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sentencingthe trial (continued)

Summation:The deense is the rst to deliver asummation, or concluding arguments. In itssummation, the deense will usually question theevidence presented by the District AttorneysOce and generally try to establish that the casehas not been proven beyond a reasonable doubt.The prosecutions summation explains theevidence presented, puts deense arguments intoperspective, and armatively asserts reasons ornding the deendant guilty beyond a reasonabledoubt.

Deliberation:The Court then instructs the juryon the law and explains legal concepts such as thepresumption o innocence, the burden o proo,and the elements o each crime charged. Aterthe judges instructions, theadaand the deenseattorney are given an opportunity to ask oradditional instructions or to object to the legalinstructions already given.

Jury deliberation begins ater the judges legalinstructions and may last any length o time.During deliberation the jury may ask to reviewevidence introduced at trial or to have instruc-tions or testimony re-read. The jury may nd thedeendant guilty, not guilty, or may be unableto agree. A jury that cannot reach a unanimousverdict is called a hung jury. When there is ahung jury, the case may be retried. A not guiltyverdict may mean that the case was not provenbeyond a reasonable doubt; it does not alwaysmean that a deendant is innocent.

What types o sentences may be imposed i a

person is ound guilty?

Ater a jury renders a guilty verdict or ater adeendant pleads guilty, a deendant will besentenced. A judge may sentence a deendant toa term o imprisonment, a term o probation,a conditional discharge, an unconditional dis-charge, or impose a ne. Sentencing is governedby statutes that indicate those crimes or whichimprisonment is mandatory and the permis-sible minimums and maximums or each classo crime. To determine the sentence within theranges permitted by law, the judge examines thecrime and the deendants participation, hisbackground, and history.

Probation may be given when a jail term is notconsidered necessary or the protection o society.The court may eel that probation can provideneeded training, guidance, or assistance to thedeendant and can add conditions to the sentenceo probation to refect those needs.

A conditional discharge is imposed when thecourt believes that neither jail nor probation isappropriate. The court can require the deendantto lead a law-abiding lie, to participate in aspecic program, or to avoid contact with certainpeople. A sentence o an unconditional dischargeis imposed when the judge does not believe thatit would be helpul to impose any conditions onthe deendant. A ne may be imposed in additionto other types o sentences or it can be the onlysentence imposed.

Ater a guilty verdictor a guilty plea, adeendant will besentenced by a judge.A deendant can besentenced to a termo imprisonment,a term o probation,a conditionaldischarge, an uncon-ditional discharge,or he or she canbe fned.


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glossary (continued)glossary

AcquittalA disposition o a case in which the deendantis ound not guilty.

ADA Abbreviation or Assistant District Attorney. Seealso Assistant District Attorney

Adjourn To suspend a proceeding to a later time andperhaps dierent place.

Adjournment in Contemplation o Dismissal (ACD)A conditional dismissal o a case pending law-abiding

behavior o the deendant. Anacd case may be restoredto the courts calendar i the deendant commits anynew crimes.

Afdavit A written statement o acts submitted inthe course o a legal proceeding. See also corroboratingadavit.

Afant One who makes an adavit.

Arraignment An early stage in the criminal justice pro-cess, occurring ater an arrest. The deendant is broughtbeore a judge and inormed o the charges pendingagainst him or her. I applicable, bail is set.

Arraignment Court Part The location in which deendantsare arraigned. In Manhattan, the majority o deendants

are arraigned within 24 hours o their arrest. Deendantswho are later indicted by a Grand Jury will be arraignedagain in Supreme Court.

Arrest In the majority o cases, an arrest is the rst stagein the criminal justice process. In some cases, an investi-gation precedes the arrest. In a typical arrest, a deendantis charged by the police and taken into custody.

Assistant District Attorney (ADA) Assistant DistrictAttorneys are lawyers hired by the District Attorney toprosecute cases as representatives o the People o theState o New York.

Bail Cash or bond posted by a deendant as collateral toensure that he or she returns to court on a uture date.

Bench Warrant A warrant issued by a judge when anindividual ails to appear in court at a specied dateand time.

Calendar Part Court Part to which a case is sent aterarraignment, but beore trial. Motions and pleas areheard in this Part.

Complaint The legal instrument led by the Statewhich initiates a criminal action. The complaint states

the alleged crime o the deendant in legal language.In Criminal Court (misdemeanor cases), the complaintserves as the ormal accusatory instrument. In SupremeCourt (elony cases), the complaint serves as a preliminaryaccusatory instrument until a Grand Jury indictmentis obtained.

Complainant A person who makes a complaint or lesa ormal charge in a court o law.

Complaint Room See ecab

Conditional Discharge A sentence imposed by a judgewhen a court believes that neither jail nor probation isappropriate or the deendant. The court can require thedeendant to lead a law-abiding lie, to participate ina specic program, or to avoid contact with certain persons.

Contraband Goods barred by law. Contraband generallyincludes specic weapons or drugs prohibited by law.

Conviction A disposition o a case in which the deendantis ound guilty by trial or plea.

Corroborating Afdavit An adavit provided by a wit-ness that conrms the witness assertions as stated in thecriminal complaint (the legal instrument which initiatesa criminal action). A corroborating adavit converts acomplaint into an inormation, which is then ready toproceed through the criminal justice process.

Court Clerk The Court Clerk assists the judge in record-keeping and other clerical duties; generally in charge othe personnel assigned to the courtroom.


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glossary (continued)glossary (continued)

Court Ofcers Court ocers are distinguished by uni-orms, badges, and shoulder patches, and are responsibleor security in the court room. They are usually armed.They oten assist the clerk o the court with clerical duties.

Court Part The physical location in which courtproceedings occur. See also Arraignment Part, Jury Part,and All Purpose Part.

Criminal Court In New York City, the court in which

misdemeanor and violation cases are handled.Criminal Court All Purpose Part (AP Part) The CriminalCourt part in which various proceedings involvingmisdemeanors or violations occur between arraignmentand trial. Motions and pleas are handled in the part.

Cross-Examination The questioning o a witness presentedby the opposing party at trial.

Decline to Prosecute (DP) In some cases, the prosecutormay decide not to proceed against a deendant, in

which case the prosecutor declines to prosecute the case.A prosecutor may decline to prosecute or a numbero reasons, or example, i there is insucient evidenceor i urther investigation is needed.

Deendant The person alleged to have committed the crime.

Deense Lawyer The lawyer who represents the deendantin a criminal case. The deense o those who cannotaord to pay or a lawyer is provided by organizationssuch as the Legal Aid Society or by private attorneysassigned by the court.

18(b) Lawyer A private lawyer who is appointed torepresent an indigent deendant where there is no Legal

Aid Society or Public Deenders oce, or where theseagencies are unable to provide representation because oa confict o interest or other policy decisions. 18(b) reersto Article 18(b) o the County Law, which authorizesthe appointment and payment o private attorneys withcounty monies in criminal cases.

Department o Correction The New York City agency incharge o all persons in detention. Department person-nel can be identied by the badge that says Dept oCorrection and a pin in their collar saying DC. ThisDepartment also transports prisoners to and rom court.

Deponent A person who testies under oath, usually inwriting.

Desk Appearance Ticket (DAT) Adat is issued or less

serious crimes. It releases a deendant rom custodybeore arraignment and requires the deendant to appearin Criminal Court on a specied day or arraignment.I a deendant ails to appear on a dat, a bench warrantmay be issued. The warrant authorizes the arrest o thedeendant and the arresting ocer is directed to bringthe deendant beore the court.

Dismissal The disposition o a case in which the chargesagainst a deendant are removed. Only a judge candismiss a case.

Disposition Once a case has concluded, it is said to bedisposed. Possible dispositions include: conviction bytrial or plea, dismissal, and acquittal.

District Attorney The District Attorney is a lawyer, elected

by the residents o his jurisdiction, to represent the Statein criminal proceedings against those accused o crimes.The District Attorney o Manhattan is Cyrus R. Vance, Jr.

Docket Number Cases are numbered and tracked by theCourt with a docket number.

ECAB The District Attorneys complaint room, also knownas ecab (Early Case Assessment Bureau), is where elonyand misdemeanor cases are evaluated and complaints aredrated byadas.adas staecab seven days a week.

Felony An oense which is the most serious crime


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category. Felonies are divided into ve classes: A, B,C, D, and E. An A elony is the most seriousand an E elony is the least serious. Examples o eloniesare robbery, burglary, grand larceny, selling narcotics,and murder.

Grand Jury Under New York State law, Grand Juries areempowered to hear evidence presented by prosecutorsand to le charges, known as indictments, in elonycases. The Grand Jury can also conduct independent

investigations. Each Grand Jury is comprised o23 people.

Hearsay Evidence based upon the reports o others, ratherthan on the rst-hand experience o a witness.

Hung Jury A jury that cannot reach a unanimous verdictis called a hung jury. When there is a hung jury, the casemay be retried.

Indictment A written statement charging a party with thecommission o a crime or other oense, drawn up by aprosecuting attorney, and voted and led by a Grand Jury.

Inormation A complaint which has the necessary corrobo-rating adavit.

Interpreter Provides translation or non-English speakingwitnesses and deendants.

Judge Presides over trials and hearings, decides motions,and conducts arraignments.

Jurisdiction The territorial range over which the authorityto interpret and apply the law extends. Each o the62 counties in New York State has a District Attorney

who is an elected ocial. Each DA has jurisdiction toprosecute crimes and oenses that are committed inthe county o election only. The City o New Yorkcontains ve counties and has ve District AttorneysOces: New York County (Manhattan), Kings County(Brooklyn), Queens County (Queens), Bronx County(the Bronx), and Richmond County (Staten Island).

Jury Part Court Part in which trials occur.

Misdemeanor Misdemeanors are oenses or which a termo15 days to one year may be imposed. Misdemeanorsare divided into two classes: A and B. The maximumterm o imprisonment or an A misdemeanor is oneyear and the maximum term or a B misdemeanor isthree months. Examples o misdemeanors are shoplit-ing, trespassing in a building, and jumping a turnstile.

Oense In New York there are three major classes ooenses or which a person may be prosecuted: violations,misdemeanors, and elonies. Violations are the leastserious oenses. Some are dened in the Penal Law oNew York State and others can be ound in statutessuch as the Vehicle and Trac Law or in local ordi-nancessuch as the New York City Administrative Code.

Part The courtroom in which a judge presides over cases.

Part F Felony cases all under the jurisdiction o CriminalCourt until a Grand Jury indictment is obtained. Aterarraignment in Criminal Court, elony cases in New

York County are adjourned to a Criminal Court AllPurpose Part called Part F. Ater a Grand Jury indict-

ment has been voted, the case moves to a SupremeCourt Arraignment Part.

Pleas Dispositions in which the prosecutor anddeendant agree on a guilty charge. Oten, pleas willhave a sentencing recommendation. A judge mustapprove the plea.

Precinct The City o New York is divided into smallersections, which are patrolled by units o the policedepartment. Each precinct has a station-house.Manhattan has 22 precincts.

Probation Department The department responsible orthe supervision o persons placed on probation in lieu oimprisonment. This department also conducts pre-sentenceinvestigations used by judges when determining sentences.


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Release on own Recognizance (ROR) When the courtdetermines that a deendant is likely to appear in courtas required by law, bail may be deemed unnecessary andthe deendant is released without posting bail.

Remand In serious cases when the court determines thata deendant is likely to fee the jurisdiction o the court,the court may determine that bail should not be oered.Remanded deendants remain in custody.

RosarioRosario material includes any statements oa witness who will testiy at trial. Police orms that

summarize a witness statement, a signed statementby a witness, and paperwork prepared by a testiyingpolice ocer are examples o Rosario materials.Rosario material must be given to the deense beorethe opening statements.

Stenographer or Court Reporter Takes verbatim recordo court proceedings using a stenotype machine whichrecords stenographic symbols on paper.

Supreme Court In New York State, the court in whichelonies are tried. Though the name is misleading, theSupreme Court o New York is not the highest courtin the statethe Court o Appeals is the highest courtin New York State.

Supreme Court Calendar Part The Supreme CourtCalendar Part is the part in which various proceedingsoccur between Supreme Court arraignment and trial.Motions and pleas are handled in the Part.

Trial A criminal trial is a ormal examination o evidencebeore a court o law and/or a jury to determine whethera deendant is guilty o the charges brought against himbeyond a reasonable doubt.

Trial Court Part The court part in which trials occur.

Unconditional Discharge A sentence o an unconditionaldischarge is imposed when the judge does not believethat it would be helpul to impose any conditions onthe deendant.

Violation An oense carrying the lowest sanctions.Although they are penal in nature, violations are notdened as crimes. The maximum term o imprisonmentis teen days. Examples o violations are harassment,drinking alcohol in public, and disorderly conduct.

Voir Dire Voir Dire is the name given to jury selection.In Criminal Court, 6 jurors and 1 or 2 alternates arechosen. In Supreme Court, 12 jurors and 2 to 4 alternatesare chosen. When prospective jurors are brought to the

courtroom, the judge will explain certain principles olaw and question the prospective jurors. The adathenquestions the jurors. Ater theadahas nished, thedeense attorney asks urther questions. Out o hearingo the jury and ollowing established rules, the attorneys

will excuse jurors they believe should not sit on thecase. The remaining jurors are sworn in. The processcontinues until the ull number o jurors and alternatesis chosen.

Warrant A judicial writ authorizing an ocer to executea search, seizure, or arrest.


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the criminal justice process

Arrest

Case Reviewed by ADA Decline to Prosecute

Grand Jury

Grand Jury Indictment

Supreme Court Arraignment

Grand Jury Dismissal

Criminal Court Arraignment

Dismissal

Not Guilty Plea

Criminal Court All Purpose Part

Dismissal Trial

Not Guilty

Guilty

Motions & Hearings

Guilty Plea

Sentence

Sentence

Guilty Plea

Sentence

Not Guilty Plea

Supreme Court Calendar Part

Guilty Plea

Sentence

Not Guilty PleaGuilty Plea

Sentence

Not Guilty PleaGuilty Plea

Sentence

Dismissal Trial

Not Guilty

Guilty

Motions & Hearings

Guilty Plea

Sentence

Sentence

misdemeanorsand violations

felonies


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New York County

District Attorneys Ofce

One Hogan PlaceNew York, NY10013

Arrest to Sentence

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